PERSONALITY ASPECTS OF THE EMPLOYEE AND THEIR EXPLORATION FROM THE GDPR PERSPECTIVE

• Main Authors: Jana Žuľová, Marek Švec, Adam Madleňák
• Format: Article
• Language: English
• Published: Labour Law Association 2018-12-01
• Series: Central European Journal of Labour Law and Personnel Management
• Subjects: mental health; physical health; personal data of the employee; employer
• Online Access: https://llajournal.com/wp-content/uploads/2019/01/Zulova.pdf
• ISSN: 2644-4917; 2644-4542

The paper addresses the issue what impact the personal aspects have on work performance in the light of the current European legislation on protection of personal data. The authors focus on two selective issues (mental ability and physical ability) with a practical impact on the activity of the employer. The goal of the submitted contribution is to assess whether the information about the mental and physical health of the employee is considered to be a personal data or sensitive information, and what legal basis the employer has for processing this data. Assessed is the holistically perceived personality of the employee with an emphasis on information about his mental and physical health, since it affects the legislation handling personal data. The second part of this study examines the legitimacy of processing personal data in the work environment of the employer. A resolved partial issue is the possibility of the employer to receive information about the mental health of the employee even if specific legislation does not provide such a prerequisite for work performance. To examine the defined legal issue we applied qualitative methods, critical in-depth analysis of the law and logicocognitive methods. Based on the legal background and personal opinion, the authors consider determining the concept advocated by WP29, which provides a broad meaning of the term personal data regarding the health condition. According to this, the employers should consider not only the specific information about the health condition of the employee, but also the data concerning the health condition that can be deducted from the existing data.