- on this page
- Employment contract
- Allowed by law
- Prohibited collection & Use
- What human rights violation may there be?
The conclusion of an employment contract is the first step into a new employment relationship. At this stage you are required to present an identification document and submit personal data such as your identification code and address.
You can read more about these requirements in the Labour Law. Additional standards can be applied if you are employed in the public sector as a public official. In this case, you can find more information in the State Civil Service Law.
Allowed by law
Your data collection and its subsequent use by an employer has to correspond to the requirements stipulated in the General Data Protection Regulation.
The processing of your data by your employer shall be proportionate, in other words, necessary and suitable for the particular purpose and not of an extensive scope.
The employer’s obligation is to inform you what kind of data about you is being collected and used and for what legitimate purposes.
Prohibited collection & Use
An employer is allowed to collect from you and other institutions only that personal data that is objectively related to your job responsibilities and your qualifications. An employer is not allowed to collect certain sensitive information about you, for example, about your religion, marital status or criminal records (this is the same in the job interview phase), unless such information is essential for your job responsibilities and the employer ensures that no discriminatory treatment is applied.
An employer must ensure the safety of your data from the curiosity of other colleagues or third parties. Your data cannot be given to other persons outside the organization, except when the data has to be provided to public authorities according to the law, for example, to the tax authority.
What human rights violation may there be?
If a potential employer has not observed the principles above, your right to private life may be infringed. Moreover, by collecting special categories of your personal data, such as data regarding your family or marital status, pregnancy, religious conscience, affiliation with a political party, national or ethnic origin and previous convictions, the prohibition against discrimination may have been violated.
Articles 33, 35, 36, 38, 38, 40, 93, 101 (6)
Articles 7 – 12
Applicable as of 25 May 2018
Articles 6, 9, 10, 12-15
Articles 8, 14
25 April 2012
15 April 2014
Joint publication by the EU Agency for Fundamental Rights and the Council of Europe