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: 7 January 2025
Yes.
Can consent be validly obtained in the employment context?
Last review date: 7 January 2025
☒ Yes, same as for data subjects outside the employment context.
Yes, consent may be validly obtained in the employment context for as long as the employee's consent is freely given, specific, informed, and recorded. The consent should also be time-bound, and in case of processing of sensitive personal information, it should also specify the purposes of processing to which the employee consents.
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?
☒ Yes
If yes, please provide a link.
- NPC Advisory No. 2024-04 on Guidelines on the Application of the Data Privacy Act, its Implementing Rules and Regulations, and the Issuances of the National Privacy Commission to Artificial Intelligence Systems Processing Personal Data
- NPC Circular No. 2023-04 on Guidelines on Consent, particularly Section 18 on Profiling and Automated Processing
- NPC Advisory Opinion No. 2024-005 on Use of Artificial Intelligence in Call Analysis and Monitoring of Call Center Employees
- NPC Advisory Opinion No. 2024-002 on Request for Comments/Insights Regarding the Use of Artificial Intelligence in the Civil Service Commission’s Correspondence
- NPC Advisory Opinion No. 2017-041 on Profiling of Individuals and Collection of Personal Information Based on Publicly Available Data
- NPC Advisory Opinion No. 2017-008 on Clarifications on the Data Privacy Act and Its Implementing Rules and Regulations