§ 20 LDSG RP
Data Processing in
(1)Employment Relationships
(2)Personal data of applicants for an employment relationship and personal data of persons in an employment relationship may only be processed where this is necessary for the establishment, performance, termination or unwinding of the employment 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 by a legal provision, a collective agreement, or a service or works agreement (collective agreement). Transmission of data of persons in an employment relationship to persons and bodies outside the public sector shall only be permissible where the recipient demonstrates a legal interest, official dealings require it, or the data subject has consented. Data transmission to a future or new employer shall only be permissible with the consent of the data subject or where provided for by a legal provision.
(3)Where the processing of personal data of persons in an employment relationship is based on consent, particular account shall be taken of the dependency existing in the employment relationship and the circumstances under which consent was given when assessing the voluntariness of consent. Voluntariness may in particular exist where a legal or economic advantage is achieved for the employee or where the employer and the employee pursue aligned interests. Consent shall require written form unless a different form is appropriate due to special circumstances. The employee shall be informed about the purpose of the data processing and about his or her right of withdrawal under Article 7(3) of the General Data Protection Regulation.
(4)By way of derogation from Article 9(1) of the General Data Protection Regulation, the processing of special categories of personal data for the purposes of the employment relationship within the meaning of paragraph 1 shall be lawful where it is necessary for the exercise of rights or the fulfilment of legal obligations arising from employment law, civil service law, the law of social security and social protection, health care or occupational medicine, and there is no reason to assume that the legitimate interest of the data subject in the exclusion of the processing prevails. Where processing is based on consent, the consent must expressly relate to such data.
(5)The provisions of the Civil Service Status Act and the Land Civil Service Act applicable to civil servants shall apply accordingly to the processing of personnel file data of employees and trainees, unless special legal provisions or collective agreements take precedence.
(6)The storage, alteration or use of data collected during medical or psychological examinations and tests for the purpose of determining suitability shall only be permissible where this is necessary for the purposes of establishing or performing an employment relationship. Processing of such data for other purposes shall only be permissible with the consent of the data subject. The employing authority may only request the transmission of the result of the fitness examination and risk factors identified therein from the examining physician. Section 47(2) of the Land Civil Service Act shall remain unaffected.
(7)Personal data collected prior to the establishment of an employment relationship shall be erased without delay once it is established that an employment relationship will not be established, unless the data subject has consented to further storage or this is necessary on account of pending or anticipated litigation. After the end of an employment relationship, personal data shall be erased where such data are no longer needed, unless legal provisions preclude erasure.
(8)Where data of persons in an employment relationship are stored within the framework of the implementation of technical and organisational measures pursuant to Article 32 of the General Data Protection Regulation, they may not be used for the purposes of monitoring behaviour or performance. zur Einzelansicht § 20