第 88 條 📖 GDPR. 僱傭關係下之處理

第 88 條 GDPR. 僱傭關係下之處理

Article 88 GDPR. Processing in the context of employment

1. 會員國得以法律或團體協約規範更具體化規定，以確保僱傭關係下涉及員工個人資料處理之權利及自由，尤其是為徵才目的、包括履行法律或團體協約所規定之義務等之僱傭契約之履行、工作之管理、計畫及組織、工作場所之平等與多元性、工作之健康與安全、員工或客戶財產之保護，及個人或團體與僱傭有關之權利及福利之行使及享有之目的，以及終止僱傭關係之目的。

1. Member States may, by law or by collective agreements, provide for more specific rules to ensure the protection of the rights and freedoms in respect of the processing of employees’ personal data in the employment context, in particular for the purposes of the recruitment, the performance of the contract of employment, including discharge of obligations laid down by law or by collective agreements, management, planning and organisation of work, equality and diversity in the workplace, health and safety at work, protection of employer’s or customer’s property and for the purposes of the exercise and enjoyment, on an individual or collective basis, of rights and benefits related to employment, and for the purpose of the termination of the employment relationship.

WP29 opinion on data processing at work

Where the word “employee” is used in this Opinion, WP29 does not intend to restrict the scope of this term merely to persons with an employment contract recognized as such under applicable labour laws. Over the past decades, new business models served by different types of labour relationships, and in particular employment on a freelance basis, have become more commonplace. This Opinion is intended to cover all situations where there is an employment relationship, regardless of whether this relationship is based on an employment contract.

2. 該等規定應包括適當及具體措施，以確保資料主體之人性尊嚴、正當利益及基本權，尤其係關於處理之透明度、企業集團間或從事聯合經濟活動之企業團體間在工作場合中之個人資料移轉。

2. Those rules shall include suitable and specific measures to safeguard the data subject’s human dignity, legitimate interests and fundamental rights, with particular regard to the transparency of processing, the transfer of personal data within a group of undertakings, or a group of enterprises engaged in a joint economic activity and monitoring systems at the work place.

Guidelines 4/2019 on Article 25 Data Protection by Design and by Default Version 2.0.

3.1 Transparency [24]

_{[24]Elaboration on how to understand the concept of transparency can be found in Article 29 Working Party. “Guidelines on transparency under Regulation 2016/679”. WP 260 rev.01, 11 April 2018. ec.europa.eu/newsroom/article29/document.cfm?action=display&doc_id=51025 – endorsed by the EDPB}

65. The controller must be clear and open with the data subject about how they will collect, use and share personal data. Transparency is about enabling data subjects to understand, and if necessary, make use of their rights in Articles 15 to 22. The principle is embedded in Articles 12, 13, 14 and 34. Measures and safeguards put in place to support the principle of transparency should also support the implementation of these Articles.

66. Key design and default elements for the principle of transparency may include:

•Clarity – Information shall be in clear and plain language, concise and intelligible.

•Semantics – Communication should have a clear meaning to the audience in question.

•Accessibility – Information shall be easily accessible for the data subject.

•Contextual – Information should be provided at the relevant time and in the appropriate form.

•Relevance – Information should be relevant and applicable to the specific data subject.

•Universal design – Information shall be accessible to all data subjects, include use of machine readable languages to facilitate and automate readability and clarity.

•Comprehensible – Data subjects should have a fair understanding of what they can expect with regards to the processing of their personal data, particularly when the data subjects are children or other vulnerable groups.

• Multi-channel – Information should be provided in different channels and media, not only the textual, to increase the probability for the information to effectively reach the data subject.

• Layered – The information should be layered in a manner that resolves the tension between completeness and understanding, while accounting for data subjects’ reasonable expectations.

3. 各會員國應於 2018 年 5 月 25 日前將其依第 1 項規定通過之法律規定及任何後續影響該等規定之修正案通知執委會，不得遲延。

3. Each Member State shall notify to the Commission those provisions of its law which it adopts pursuant to paragraph 1, by 25 May 2018 and, without delay, any subsequent amendment affecting them.

通用数据保护条例(EU GDPR)

Source: https://www.ndc.gov.tw/Content_List.aspx?n=F98A8C27A0F54C30

General Data Protection Regulation (EU GDPR)

The latest consolidated version of the Regulation with corrections by Corrigendum, OJ L 127, 23.5.2018, p. 2 ((EU) 2016/679). Source: EUR-lex.

献技指南和案例法发表评论

献技

(155) 會員國法或團體協約，包括「勞動協議」，得提供關於僱傭關係下員工個人資料處理之特別規定，尤其是當僱傭關係下個人資料處理可能係基於下列理由，亦即，包括員工之同意、為徵才目的、包括履行法律或團體協約所規定之義務等之僱傭契約之履行、工作之管理、計畫及或組織、工作場所之平等與多元性、工作之健康與安全、個人或團體與僱傭有關之權利及福利之行使及享有之目的，以及終止僱傭關係之目的。

(155) Member State law or collective agreements, including ‘works agreements’, may provide for specific rules on the processing of employees' personal data in the employment context, in particular for the conditions under which personal data in the employment context may be processed on the basis of the consent of the employee, the purposes of the recruitment, the performance of the contract of employment, including discharge of obligations laid down by law or by collective agreements, management, planning and organisation of work, equality and diversity in the workplace, health and safety at work, and for the purposes of the exercise and enjoyment, on an individual or collective basis, of rights and benefits related to employment, and for the purpose of the termination of the employment relationship.

指南和案例法

(EN)

Documents

WP29, Opinion on data processing at work (2017).

发表评论

[js-disqus]