Scope of application

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Protection of workers’ personal data

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4. Scope of application

4.1. This code applies to:

(a) the public and private sectors;

(b) the manual and automatic processing of all workers’ personal data.

5. General principles

5.1. Personal data should be processed lawfully and fairly, and only for reasons

directly relevant to the employment of the worker.

5.2. Personal data should, in principle, be used only for the purposes for which

they were originally collected.

5.3. If personal data are to be processed for purposes other than those for which

they were collected, the employer should ensure that they are not used in a manner

incompatible with the original purpose, and should take the necessary measures to avoid

any misinterpretations caused by a change of context.

5.4. Personal data collected in connection with technical or organizational

measures to ensure the security and proper operation of automated information systems

should not be used to control the behaviour of workers.

5.5. Decisions concerning a worker should not be based solely on the automated

processing of that worker’s personal data.

5.6. Personal data collected by electronic monitoring should not be the only

factors in evaluating worker performance.

5.7. Employers should regularly assess their data processing practices:

(a) to reduce as far as possible the kind and amount of personal data collected; and

(b) to improve ways of protecting the privacy of workers.

5.8. Workers and their representatives should be kept informed of any data

collection process, the rules that govern that process, and their rights.

5.9. Persons who process personal data should be regularly trained to ensure an

understanding of the data collection process and their role in the application of the

principles in this code.

5.10. The processing of personal data should not have the effect of unlawfully

discriminating in employment or occupation.

5.11. Employers, workers and their representatives should cooperate in protecting

personal data and in developing policies on workers’ privacy consistent with the

principles in this code.

5.12. All persons, including employers, workers’ representatives, employment

agencies and workers, who have access to personal data, should be bound to a rule of

confidentiality consistent with the performance of their duties and the principles in this

code.

5.13. Workers may not waive their privacy rights.