The Article 29 Data Protection Working Party (comprising representatives from the data protection regulators in each EU Member State, the European Data Protection Supervisor and the European Commission) has issued an opinion on data processing at work (2/2017) (the Opinion). The Opinion is not legally binding but it does provide an indication as to how EU data protection regulators will consider and interpret EU data protection law. The new EU data protection law (the General Data Protection Regulation – or the GDPR) comes into force on 25 May 2018 and will impose significant fines on non-compliant organizations (up to 4% of annual worldwide turnover or €20 million, whichever is higher) in addition to giving individuals more rights with regard to their personal data. The GDPR does not only apply to EU companies, but can also apply to non-EU based organizations processing EU citizens’ personal data.
The Opinion notes that in light of the increasing amount of personal data that is being processed in the context of an employment relationship, the balance between the legitimate interests of the employer and the privacy rights of the employee becomes ever more important. It provides guidance on a number of specific scenarios including the use of social media during recruitment. Nowadays, employers may be tempted to view job applicants’ social media profiles as part of the recruitments process. However, according to the Opinion, employers may only use social media to find out information about a job applicant where: (a) they have a “legal ground” for doing so; (b) doing so is necessary and relevant for the performance of the position being applied for; (c) the applicant has been informed that their social media profiles will be reviewed; and (d) the employer complies with all of the data protection principles set out in the law.
What steps should your organization take if it wishes to review social media profiles as part of the recruitment process while also complying with the Opinion and EU data protection law? Continue Reading New Guidance Issued by EU Data Protection Regulators – Does Your Organization Use Social Media During Recruitment?