Data Processing in the Employment Context
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Data Processing in the Employment Context Start Comparison
Is an identified legal basis required in order to collect or process personal data or sensitive personal data in the employment context?

Last review date: 13 January 2025

Yes

In addition to the consent legal basis, the non-consent legal basis may be established under the following circumstances: the processing is necessary (a) for the conclusion or performance of an employment contract with the employee; (b) for the performance of human resource management as stipulated in relevant labor policies and rules or collective contract; (c) for the performance of statutory responsibilities or the discharge of legal obligations; (d) for the protection of the employee's property or personal safety under emergency and the processing of personal information is permitted when the personal information concerned has been disclosed publicly by the data subject himself/herself or otherwise legally disclosed, and the processing is within a reasonable scope.

Can consent be validly obtained in the employment context?

Last review date: 13 January 2025

Yes, same as for data subjects outside the employment context.

If yes, what are the requirements?

According to the PIPL, where personal information is processed on the basis of the individual's consent, such consent shall be explicit and given on a voluntary basis, and the individual must be fully informed before providing the consent. Hence, a PIPL-compliant privacy policy/notice or an equivalent document must be provided to employees and the appropriate consent form must be presented to employees in order to obtain valid consent from them.

Has the data privacy regulator issued guidance on use of artificial intelligence, automated decision making or profiling in an employment context – for example, relating to use in employee monitoring or hiring?

Last review date: 13 January 2025

No