The Estonian authority clarifies how to manage data in the context of workplace harassment, recordings, and correspondence
The Estonian Data Protection Authority (AKI), in collaboration with the Labour Inspectorate, has clarified several aspects of managing personal data in the workplace, particularly in contexts of conflict or contract termination.
Faced with the increase in employees' requests to access their data, often in anticipation of a dispute, employers are advised to maintain a clear overview of the data processed, its use, and retention. To simplify information retrieval, it is recommended to define official professional communication channels and inform employees about them. Recording conversations without the consent of participants must be approached with caution, although it may be exceptionally accepted as evidence by courts, provided it is used solely for the defense of one's rights. When an employee leaves, it is sufficient to inform colleagues of the contract termination and task reorganization without disclosing the reasons. Similarly, a former employer may provide professional information to a recruiter but must not disclose sensitive personal data. Finally, in case of conflict, the employer is obliged to intervene by collecting only the information necessary to resolve the issue.
Faced with the increase in employees' requests to access their data, often in anticipation of a dispute, employers are advised to maintain a clear overview of the data processed, its use, and retention. To simplify information retrieval, it is recommended to define official professional communication channels and inform employees about them. Recording conversations without the consent of participants must be approached with caution, although it may be exceptionally accepted as evidence by courts, provided it is used solely for the defense of one's rights. When an employee leaves, it is sufficient to inform colleagues of the contract termination and task reorganization without disclosing the reasons. Similarly, a former employer may provide professional information to a recruiter but must not disclose sensitive personal data. Finally, in case of conflict, the employer is obliged to intervene by collecting only the information necessary to resolve the issue.
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