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Recommendations for Processing Personal Data in Employment Context

This report discusses the update of the 1989 recommendation on processing personal data in the context of employment. It covers general principles as well as specific forms of processing such as internet and electronic communications, employee monitoring, geolocation, and more.

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Recommendations for Processing Personal Data in Employment Context

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  1. 18th MEETING of CEEDPA Recommendation 2015(5) on the processing of personal data in the context of employment Sophie Kwasny, 11 May 2016, Sarajevo

  2. BACKGROUND WHY an update of the 1989 Recommendation? New context and development of new principles (report of 2011 by Giovanni Buttarelli)

  3. Recommendation (2015)5 I - General principles (scope, definitions, collection, internal use, communication, sensitive data, transparency, rights of data subjects, security of data, preservation of data)

  4. Recommendation (2015)5 II – Particular forms of processing • Internet and electronic communications • Monitoring of employees • Geolocation • Internal reporting • Biometric data • Psychological tests • Risk analysis • Additional safeguards

  5. CASE OF BĂRBULESCU v. ROMANIA (12/01/2016) - Application no. 61496/08

  6. (Dismissal of Mr Bărbulescu’s by his employer for having used the company’s Internet for personal purposes) While the Court found that Mr Bărbulescu’s private life and correspondence had been engaged, his employer’s monitoring of his communications was reasonable in the context of disciplinary proceedings.

  7. CAHDATA – 15 and 16 June International Conference «  Convention 108, from a European reality to a global treaty » 33rd Plenary meeting Committee: 29 June - 1 July (PNR, big data, health data, practical guide for police, etc).

  8. www.coe.int/dataprotection dataprotection@coe.int

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