New article in the Deutscher AnwaltSpiegel by Dr Christian Bloth and Laura Engelmann

In its ruling of 9 April 2019 (1 ABR 51/17), the Federal Labour Court (BAG) ruled on the works council’s right to access employees’ personal data in the context of data protection regulations.

Merely
justifying the request for information on the basis of the works council’s general duty to ensure compliance with the law is not sufficient where a special category of data, such as health data, is concerned. In such cases, specific conditions for the right to access such data apply, which the works council must observe.

 

As long as the works council fails to specify which ‘specific health and safety requirements’ it is required to monitor with regard to ‘which specific circumstances’ and which ‘appropriate and specific protective measures’ it is implementing to safeguard the data in question, the employer may reject the request for information.

 

What obligations does this entail for the employer, given the conflict between the works council’s right to information and the protection of employees’ data? Can an employee’s objection to the disclosure of their data prevent it from being handed over?

 

You can find the answer here:

 

https://www.deutscheranwaltspiegel.de/wp-content/uploads/2019/10/4_Bloth_Engelmann_DAS_22_2019.pdf

 

 

SAVE THE DATE:

 

Please make a note now of 30 January 2020, 2.00 pm – 5.30 pm, for our kallan Labour Law Day at our office in Frankfurt am Main.

 

As always, we will be focusing on a topical issue and will also provide an overview of recent court rulings.