§ 15 LDSG BW
Data processing in employment
(1)and service relationships
(2)Personal data of applicants and employees may be processed insofar as this is necessary for the establishment, performance, termination or settlement of the respective employment or service relationship, or for the implementation of internal planning, organisational, personnel, social or budgetary and cost-accounting measures, in particular for the purposes of personnel planning and deployment, or is provided for in a legal provision, a collective agreement or a service or works agreement (collective agreement). Processing shall also be lawful where it is necessary for the exercise or fulfilment of the rights and obligations of employee representation bodies arising from a statute, a collective agreement or a collective agreement.
(3)Special categories of personal data may be processed for purposes of the employment relationship insofar as the processing is necessary to fulfil the rights and obligations of the public bodies or the data subject, including on the basis of collective agreements, in the field of employment and service law, as well as the law of social security and social protection, and there is no reason to assume that the legitimate interest of the data subject in excluding the processing outweighs the interest in processing.
(4)In connection with the establishment of an employment or service relationship, the collection of personal data of an applicant from the previous employer or service provider shall only be lawful where the data subject has given consent. Sentence 1 shall apply accordingly to the transmission of personal data to future employers or service providers.
(5)The provisions applicable to civil servants under Section 50 of the Civil Service Status Act and Sections 83 to 88 of the State Civil Service Act shall apply accordingly to the processing of personnel file data of employees and trainees in a private-law training relationship, unless specific legal provisions or collective agreements take precedence.
(6)For the purpose of detecting criminal offences and serious breaches of duty, personal data of employees may only be processed where documented factual indications substantiate the suspicion that the data subject has committed a criminal offence or serious breach of duty in the employment relationship, the processing is necessary for the detection thereof and the legitimate interest of the employee in excluding the processing does not outweigh the interest in processing, in particular the nature and extent are not disproportionate in relation to the occasion.
(7)The processing of biometric data of employees for authentication and authorisation purposes shall be prohibited unless the data subject has expressly given consent or the processing is regulated by a service or works agreement and there is a pressing official need for the data processing in each case.
(8)Monitoring of employees by means of optical-electronic devices for the purpose of behavioural and performance monitoring shall be unlawful. Paragraph 5 shall remain unaffected. For other technical devices, paragraph 1 shall apply accordingly; the public body shall take appropriate measures to ensure that in particular the principles for the processing of personal data set out in Article 5 of Regulation (EU) 2016/679 are complied with.
(9)Employees shall be all persons employed by public bodies, regardless of the legal form of the employment relationship. The participation rights of employee representation bodies shall remain unaffected. zur Einzelansicht § 15