Collection of personal data

• Pages: 3-4

Code of practice

3

6. Collection of personal data

6.1. All personal data should, in principle, be obtained from the individual

worker.

6.2. If it is necessary to collect personal data from third parties, the worker

should be informed in advance, and give explicit consent. The employer should indicate

the purposes of the processing, the sources and means the employer intends to use, as

well as the type of data to be gathered, and the consequences, if any, of refusing consent.

6.3. If the worker is asked to sign a statement authorizing the employer or any

other person or organization to collect or disclose information about the worker, the

statement should be in plain language and specific as to the persons, institutions or

organizations to be addressed, the personal data to be disclosed, the purposes for which

the personal data will be collected, and the period of time within which the statement

will be used.

6.4. When an employer has obtained a worker’s consent for the collection of

personal data, the employer should ensure that any persons or organizations required by

the employer to collect the data or conduct an investigation are at all times clear about

the purpose of the inquiry and that they avoid all false or misleading representation.

6.5 (1) An employer should not collect personal data concerning a worker’s:

(a) sex life;

(b) political, religious or other beliefs;

(c) criminal convictions.

(2) In exceptional circumstances, an employer may collect personal data

concerning those in (1) above, if the data are directly relevant to an employment

decision and in conformity with national legislation.

6.6. Employers should not collect personal data concerning the worker’s

membership in a workers’ organization or the worker’s trade union activities, unless

obliged or allowed to do so by law or a collective agreement.

6.7. Medical personal data should not be collected except in conformity with

national legislation, medical confidentiality and the general principles of occupational

health and safety, and only as needed:

(a) to determine whether the worker is fit for a particular employment;

(b) to fulfil the requirements of occupational health and safety; and

(c) to determine entitlement to, and to grant, social benefits.

6.8. If a worker is asked questions that are inconsistent with principles 5.1, 5.10,

6.5, 6.6 and 6.7 of this code and the worker gives an inaccurate or incomplete answer,

the worker should not be subject to termination of the employment relationship or any

other disciplinary measure.

6.9. Personal data provided by the worker which go beyond or are irrelevant to

the request for personal data because the worker has misunderstood the request should

not be processed.