The protection of employee data is crucial for every company. In response to the increasing need for consultation, the Hamburg Commissioner for Data Protection and Freedom of Information (HambBfDI) has published the following information focusing on applicant data protection and recruiting (German only). In this publication, the HambBfDI first addresses the legal basis and information obligations in employee data protection. It clarifies once again that inclusion in a talent pool is only possible with the applicant’s consent and that any background checks conducted must adhere to the legal principles of employment law, meaning not all obtained information may be considered. It provides a detailed examination of the use of AI applications in the recruitment process and subjects these to critical analysis. It clarifies that the use of so-called resume parsers must comply with Article 22 of the GDPR and the principles developed by the CJEU in the C-634/21 ruling on December 7, 2023 (we reported, link). It considers emotion analyses to be inadmissible.
For further information – including on employee data protection – please contact us at any time.