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POZOSTAŃ NA STRONIE ARCHIWALNEJ (GIODO)

Recommendation R(89) 2 on the protection of personal data used for employment purposes

(Adopted by the Committee of Ministers on 18 January 1989 at the 423rd meeting of the Ministers Deputies)
The recommendation does not, to the extent necessary for the protection of state security, public safety and the suppression of criminal offences, apply to confidential information collected or held by employers for employment purposes on persons recruited for posts who work in jobs closely related to these matters. Personal data should be collected directly from an individual employee and in case of collection of data from other sources the employee involved should be informed about it. In the course of a recruitment procedure, the data collected should be limited to such as are necessary to evaluate the suitability of prospective candidates and their career potential. Recourse to tests, analyses and similar procedures designed to assess the character or personality of the individual should not take place without his consent or unless domestic law provides other appropriate safeguards. If he so wishes, he should be informed of the results of these tests. Personal data collected for employment purposes should be communicated to public bodies for the purposes of their official functions only within the limits of employers' legal obligations or in accordance with other provisions of domestic law. An employee or job applicant may only be asked questions concerning his state of health and be medically examined in order to determine the suitability of an employee or job applicant for his present or future employment, to fulfil the requirements of preventive medicine, or to allow social benefits to be granted. Health data may not be collected from sources other than the employee concerned except with his express and informed consent. Personal data submitted in furtherance of a job application should normally be deleted as soon as it becomes clear that an offer of employment will not be made.

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