GDPR questions and answers

GDPR: QUESTIONS AND ANSWERS

Category:
GDPR at Work

Can an employer at a job interview ask a candidate to show employment certificates from previous workplaces?

ANSWER

The employer has the right to request from a person applying for employment personal data covering their employment history to date (Article 221 § 1 of the Labour Code). This data may be provided in the form of a statement by the data subject; however, the employer may also require documentation of this information to the extent necessary to confirm it (Article 221 § 5 of the Labour Code), e.g. by presenting an employment certificate for inspection. It should be remembered, however, that documents such as employment certificates may contain additional information that the employer may not process. In such a case, part of the data should be anonymised. Each situation requires individual assessment.

Read also:

Receive a free package of 4 tutorials and 4 e-learning trainings
The controller of your data is ODO 24 sp. z o. o.
Inspecting employment certificates at a job interview — GDPR | ODO 24