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Keys to Data Protection in Human Resources Management System (HRMS)

 

Keys to Data Protection in

 Human Resources Management System (HRMS)



Data protection is a fundamental right that seeks to protect the intimacy and privacy of natural persons against violations that may occur due to the collection, storage and indiscriminate use of their personal data by legal entities. This protection is an issue that HR departments must take care of, since to carry out the most common procedures, such as selection, hiring, risk prevention, payroll we collect numerous personal data.

First of all, I would like it to be clear that it is a personal data; the  Article 3 of Organic Law Data Protection states that it is any, alphabetical, graphic, photographic, acoustic or any other individuals concerning numerical information identified or identifiable. On many occasions, the human resources department must process this personal data that article 5.1.t) of the RLOPD Regulation as “any operation or technical procedure, whether automated or not, that allows the collection, recording, conservation, elaboration, modification, consultation, use, cancellation, blocking or deletion, as well as data transfers resulting from communications, consultations, interconnections and transfers ”.

The most important moments of personal data processing in the HR department are:

In the Personnel Selection procedures:

The Spanish Agency for Data Protection recommends having standard forms for the formalization of the curriculum and a procedure for formalization and delivery of the same by the candidates, since this allows not only adequately informing but to precisely define the type of data to be processed, establishing security measures etc.

If the curriculum is presented directly by the candidate without having been requested, information procedures must be established that entail some acknowledgment or confirmation of knowing the conditions under which the treatment will take place.

In Hiring:

In the employment contract it is an adequate means to inform the worker regarding the processing of personal data. But this does not exempt the duty of information on the processing of personal data that the company decides to carry out after the birth of the employment relationship.

 

During the development of the labor benefit:

There may be many occasions that may cause a new data protection treatment, such as if a video surveillance control system is installed, or if a worker joins a union and the union fee is deducted. It will be necessary to inform the worker of all changes that affect the processing of personal data.

With the Workers' Representatives:

In principle, the duty of information is intended for the affected or interested party. However, in those treatments that affect the group of workers, it is highly recommended to provide information prior to their representation. For example:

In the case of the development of business controls, controls over Internet browsing, or the use of controls to record entry, exit or presence at the post.

In contracting life insurance and pension plans:

On many occasions, companies and groups of companies constitute life insurance and pension plans for the benefit of their employees, either on a voluntary basis, or by virtue of what is agreed in a Collective Agreement.

The Spanish Agency for Data Protection establishes that it is convenient to precisely define the procedure for collecting and processing personal data, opting for the most effective method to guarantee the rights of those affected or interested. In this sense, from the point of view of a treatment that is absolutely respectful of the fundamental right, the most appropriate thing may consist of, after informing the workers, transferring to the insurer, or the pension plan manager, only the data of the insured or participants in the pension plan, leaving the development of further procedures in their hands.

Payroll management outsourcing:

In many companies, payroll management is entrusted to an advisor or manager, in this case the company that provides the data to the agency or advisor and must sign a Treatment Manager contract with him, as indicated in article 12 of the LOPD, which regulates the relationship between the company and the person in charge of payroll management. This contract will include its scope, the obligations that both parties subscribe to and how the personal data of the workers will be processed

Specially protected data:

When it is necessary to collect data of the type included in article 7 of the LOPD, (religion, health, sexual life, ideology, etc.), it will be necessary to review the need and proportionality of this type of treatment, granting the maximum level of protection, except in the exceptional cases provided by law.

Duty of Secrecy:

Finally, cite article 10 of the LOPD, which establishes the duty of secrecy for all persons involved in the processing of data, therefore every person from the Human Resources department is subject to this duty even after the relationship between them has ended. to the enterprise.

 

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