§ 10 DSG M-V
Data processing in employment relationships
(1)Personal data of applicants and employees may only be processed where this is necessary for the establishment, performance, termination or settlement of the 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 where this is provided for in a legal provision, a collective agreement or a service or works agreement. For the purpose of detecting criminal offences, personal data of employees may only be processed where documented factual indications substantiate the suspicion that the data subject has committed a criminal offence in the employment relationship, the processing is necessary for the detection of the offence and the legitimate interest of the data subject in excluding the processing does not outweigh the interest in processing, in particular the nature and extent are not disproportionate to the occasion. The transmission of employee data to persons and bodies outside the public sector shall only be lawful where the recipient demonstrates a legitimate interest, where official dealings so require or where the data subject has given consent. The transmission of data to a future employer or service provider shall only be lawful with the consent of the data subject.
(2)By derogation from Article 9(1) of Regulation (EU) 2016/679, the processing of special categories of personal data within the meaning of Article 9(1) of Regulation (EU) 2016/679 for purposes of the employment relationship shall be lawful where it is necessary for the exercise of rights or the fulfilment of legal obligations arising from employment law, 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. Where the processing is based on consent, the consent must expressly relate to such data.
(3)The provisions of the State Civil Service Act applicable to civil servants regarding the processing of personnel file data shall apply accordingly to the processing of personnel file data of employees and trainees, unless specific legal provisions or collective agreements take precedence.
(4)The processing of data collected during medical or psychological examinations and tests for the purpose of establishing an employment or service relationship shall only be lawful insofar as this is necessary due to the specific requirements of the intended activity. The employing authority may only require the examining physician to transmit the result of the fitness examination and any risk factors identified during the examination.
(5)Personal data processed for the purpose of establishing an employment or service relationship shall be erased as soon as it is established that such a relationship will not be entered into. This shall not apply where the data subject has consented to further processing or where legal provisions preclude erasure. Where there is reason to assume that the erasure would impair the legitimate interests of the data subject, the data subject shall be notified. Insofar as legal provisions do not preclude erasure, personal data shall be erased after the termination of an employment or service relationship where they are no longer needed.
(6)Insofar as personal data of employees are stored 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. zur Einzelansicht § 10