Consent requirements, codetermination, access and authorization concept, deletion and retention plan are important aspects of the Guide of electronic personnel files.

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1. Fast availability

Due to the nature of the system, access and authorizations can be granted relatively easily for a digital personnel file. Archiving and deleting data can also be automated. Workflows in Companys and especially in the human resources department are simplified, made more efficient and effective. Employee information stored in a digital personnel file fast and available at all times to authorized users.

2. Prevent abuse

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Undeniably, the digital personnel file offers many advantages. From the point of view of privacy, however, it also harbors the possibility of abuse. The biggest danger is that it can be profiled by profiling another way to control employee performance and behavior.

Besides, he can Privacy are quickly violated by automated individual decisions. The use and use of the digital personnel file should be regulated in writing, for example in a company guideline or company agreement.

3. Codetermination obligation of the works council

The introduction of an electronic personnel file requires co-determination. In coordination with the works or staff council, the introduction of the electronic personnel file for all employees is possible. The works council has a right of co-determination if general assessment principles are introduced and this in connection with a technical device, i.e. electronic equipment System, happens.

Paragraph 87, paragraph 1, sentence 6 of the Works Constitution Act applies here: "The works council has to have a say in the following matters, unless there is a statutory or collective bargaining agreement: [...] Introduction and use of technical equipment that is intended to Behavior or the Performance monitor workers; […].

4. Consent by the employee

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The data protection law is a prohibition law with permission reservation (kind 6 DS-GVO), which means that the processing of personal data is inter alia only lawful,

5. Observe storage periods

Employers must keep records of applicants and employees (employees), ie the file in paper form in the openable file cabinet, the digital file electronically using a personnel information system. In many cases, there are no provisions on retention and deletion periods, so application and employee records are often kept longer than allowed.

The collection and storage of applicant data serve their purpose until the right candidate is found Candidate is found. If the candidate is unsuitable and/or rejected for the position, the purpose no longer applies and the data must be deleted.

6. Adhere to deletion deadlines

If application documents are to be deleted, the existing retention periods may be contrary to this. For example, Paragraph 21 Paragraph 5 AGG (breach of the prohibition of discrimination) grants a period of two months for bringing such action, or the court grants an extension of the time limit. So it can certainly be assumed that a justified retention period of three months. The danger of an AGG action is not infinite.

An Candidate must report discrimination due to a feature prohibited by the AGG within the two-month period of Section 15 (4) AGG. Once this period has expired, all personal data must be irrevocably deleted. This also applies to handwritten notes, e.g. B. were made during the job interview. The Baden-Württemberg State Commissioner for Data Protection and Freedom of Information (LfDI BW) does not consider storage beyond three months to be necessary.

7. Written consent required for longer storage

If the company wishes to retain the personal data, ie the application documents, after filling the position for which the applicant has applied, because his profile may be of interest for a later date, the applicant must agree in writing to this further storage (§ 26 para 2 sentence 3 BDSG).

8. Document data protection

Regardless of this, the data protection requirements are in accordance with Article 32 DS-GVO to implement, document and regularly check the security of processing with regard to the system used for storing and using the electronic personnel file and to monitor compliance with it by the data protection officer. In addition, Art. 25 GDPR (data protection through technology design and through data protection-friendly default settings) must be guaranteed. This applies both to a personnel management system and to the use of one Online-Applicant portal.

Incidentally, many of the points mentioned above also apply to application documents and personal files in paper form.

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