§ 10 HmbDSG
Processing of employee data
(1)The public bodies referred to in Section 2(1) may only process personal data, including data within the meaning of Article 9(1) of Regulation (EU) 2016/679, of their applicants, employees, former employees and their surviving dependants insofar as this is provided for by a legal provision, a collective agreement, a general regulation of the supreme service authority that has been bindingly agreed with the peak organisations of the competent trade unions and professional associations or with the professional associations of judges, or a service agreement. Insofar as such regulations do not exist, paragraphs 2 to 7 shall apply in addition to Regulation (EU) 2016/679.
(2)The public bodies referred to in Section 2(1) may, insofar as the following paragraphs do not contain special regulations, only process personal data, including data within the meaning of Article 9(1) of Regulation (EU) 2016/679, of the persons referred to in paragraph 1 insofar as this is necessary for the establishment, performance, termination or settlement of the employment relationship or for the implementation of organisational, personnel or social measures, in particular also for the purposes of personnel planning or personnel deployment.
(3)Sections 85 to 92 of the Hamburg Civil Service Act (HmbBG) of 15 December 2009 (HmbGVBl. p. 405), last amended on 4 April 2017 (HmbGVBl. p. 99), as amended from time to time, shall apply mutatis mutandis to those persons referred to in paragraph 1 who do not fall within the scope of application of these provisions.
(4)A transmission of employee data to bodies outside the public sector shall only be permissible insofar as 1. the body to which the data are to be transmitted demonstrates a prevailing legal interest, 2. the nature or purpose of the tasks entrusted to the employee requires the transmission, or 3. it is obvious that the transmission is in the interest of the data subject and there are no indications that the data subject would not give consent if aware of the purpose of the transmission. The transmission to a future employer shall only be permissible with the consent of the data subject, unless a secondment or transfer is being prepared that does not require the consent of the employee. Paragraph 3 in conjunction with Section 89 HmbBG shall remain unaffected.
(5)Where a public body referred to in Section 2(1) requires medical or psychological examinations or tests (examinations), it shall state the reason and purpose of the examination and, where necessary, draw attention to the tasks incumbent upon the data subject. It may only request from the examining body the communication of the examination results and of those identified risk factors the knowledge of which is necessary for its decision on personnel matters relating to the data subject; it may only request data beyond this insofar as knowledge thereof is also necessary for its decision. Where a public body referred to in Section 2(1) carries out the examinations itself, sentence 2 shall apply mutatis mutandis to the forwarding of the data collected. In all other respects, further processing of data collected during the examinations without the consent of the data subject shall only be permissible for the purpose for which they were collected.
(6)Personal data collected prior to the establishment of an employment relationship shall be deleted without undue delay as soon as it is established that an employment relationship will not come into being. This shall not apply insofar as prevailing legitimate interests of the data processing body oppose the deletion or the data subject consents to further storage. After the termination of an employment relationship, personal data shall be deleted where such data are no longer needed, unless legal provisions preclude this.
(7)Insofar as employee data are processed in the context of the implementation of technical and organisational measures pursuant to Article 32 of Regulation (EU) 2016/679, they may not be used for the purposes of behavioural or performance monitoring.
(8)Section 11 shall remain unaffected. zur Einzelansicht § 10