Questions about the Personal Data Protection Act?

Questioner

Dear Sir/Madam, I would like to ask you a few questions about the Personal Data Protection Act. 1. If it turns out that an employee has worked for an employer in the past, for example, and it is not considered desirable for this employee to ever be employed by the employer again, may the employer then include this employee in the system with a note that this employee will not be hired again in the future? 2. And may task updates be kept in the system, explaining each step of the process, e.g. 'reject applicant on the grounds of ...' 3. Can you include the following statement in an application form: USE OF PERSONAL DATA - I declare that the employer to whom I am applying by using this application website may use my personal data collected on this site solely for recruitment purposes. If my application is successful, my personal data may be processed for the benefit of my employee file. - I declare that the employer may retain this information to fill any future vacancies. - I understand this statement and consent to the use of my personal data for the above-mentioned purposes. Thank you in advance for your response.

Lawyer

On point 1. I can answer yes with a but. The employer is even legally obliged to keep data for seven years in connection with the administrative tax obligation. If an employee is not welcome for certain reasons, this can be included in the personnel file. Of course, the reason must be justified. On point 2. In this case too, it is allowed, but it must be reasonable and not discriminatory. Point 3. And yes / No that is allowed. Not everyone is pleased that the data is also used for other purposes, than for example just responding to that one permit. So that should be taken into account. However, the Personal Data Protection Act states that confidential data must be made available for inspection upon request and/or deleted. And when processing personal data, a report must be made to the Personal Data Authority (the former College for the Protection of Personal Data).