§ 27 ThürDSG
Data protection in the employment context
(1)(Article 88 of Regulation (EU) 2016/679)
(2)For the processing of personal data concerning employees and trainees who are in a private-law employment or training relationship with a public body within the meaning of this Act, Sections 79 to 87 ThürBG shall apply accordingly, insofar as specific provisions of labour law, collective bargaining agreements or service agreements do not provide otherwise.
(3)Where the processing of personal data is based on consent, such consent shall be given in writing, unless another form is appropriate due to special circumstances. The employer shall inform the employees and trainees in text form of the purpose of the data processing and of their right to object pursuant to Article 7(3) of Regulation (EU) 2016/679.
(4)The processing of personal data collected during medical or psychological examinations and tests for the purpose of establishing an employment relationship within the meaning of paragraph 1 shall only be permissible with the written consent of the applicant. As a rule, the employer may only require the examining physician to transmit the result of the aptitude examination and any risk factors identified thereby, unless specific provisions of labour law or collective bargaining agreements take precedence.
(5)Personal data collected before the establishment of an employment relationship with a public body shall be erased without delay once it has been established that an employment relationship will not come about and the period for asserting, exercising or defending legal claims has expired, unless the data subject has consented to further storage.
(6)Insofar as personal data of employees and trainees of a public body are stored in the course of implementing the technical and organisational measures pursuant to Article 32 of Regulation (EU) 2016/679, they shall not be used for the purposes of behavioural and performance monitoring. zur Einzelansicht § 27