Сoncept of personal data of the employee
Year: 2025
Type: article
Abstract: The article is devoted to the study of the concept of «personal data of an employee» and the features that are characteristic of it. In this context, the definition of «personal data of an individual» contained in the regulatory legal acts of Ukraine and the General Regulation on the Protection of Personal Data of the European Union is analyzed. The category of «personal data of an employee» currently has no legal definition in labor legislation, which, in turn, leads to a violation of one of the fundamental rights of an individual and, including an employee, the right to non-interference in personal life. It is important to provide more detailed legal regulation of the procedure for protecting the employee’s personal information, since the employee transfers a significant amount of his personal data to the employer, starting from the recruitment stage and ending with dismissal, and sometimes even for an even longer period during which the employer stores information about the employee in its databases. Having analyzed the definition of the concept of «personal data of an employee», which is given by scientists, it is possible to distinguish its main features: the information concerns a specific person who works on the basis of an employment contract; the information is related to the qualifications of the employee, his business and professional qualities and/or is necessary for the employee to perform a certain labor function; it is provided to the employer by the employee or collected by him independently; the grounds for collecting information are the requirements of the law. The author’s definition of the concept of «personal data of an employee» is proposed - this is information about a person who works on the basis of an employment contract (contract) and which relates to his professional and business qualities, and in cases provided for by law - other information provided to the employer or collected by him independently, when employing a person and during the performance of his labor function. The author considers it advisable to determine at the legislative level the information related to the employee’s personal data, in particular: age, date and place of birth, citizenship, registration number of the taxpayer’s registration card, employment, health status, level of education, knowledge of Ukrainian and foreign languages. At the same time, it should be taken into account that the norms of special legislation provide for the employer’s obligation to obtain additional information from the employee depending on the field of activity, that is, the list of personal data may be supplemented with special information that will relate to the employee’s labor function. It is concluded that the legislative consolidation of the concept of «personal data of an employee» will have positive consequences for the protection of employee rights and will outline for the employer the extent of the lawful collection, storage and processing of personal data of its employees without violating the boundaries of their privacy.
Author: Y. A. Odovichena
Institution: Yuriy Fedkovych Chernivtsi National University
Language: English
Topic: Legal and Labor Studies
Subfield: Industrial relations
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4408569306