Can an employer give an employee's work email address to another employee after termination of employment?

ANSWER

Employee personal data in the form of first and last name, work email address and work telephone number constitute so-called work-related data, closely linked to their professional role. As a rule, it is accepted that the employer may process an employee's personal data for as long as the employment relationship linking the parties lasts, and thereafter, after the employment relationship ends, only for archival or tax purposes. Upon termination of employment, the employer should remove the employee's data from the website, block their email mailbox, forward ongoing correspondence to another person who will take over their duties, and assign the work telephone to another employee in order to maintain contact with the controller's company.

Since, as a rule, an employee's work email mailbox is the employer's property, the employee cannot require the employer, for example, to delete the entire contents of the email mailbox, as it may contain documents or information necessary to the employer in connection with services provided or business conducted. After termination of employment, if the employer continues to process the employee's personal data for purposes for which it no longer has a legal basis for processing, the employee should first contact the former employer with a request to remove their data from the website and block their email mailbox and forward correspondence to another employee. If the controller does not comply with the request, under Article 77(1) GDPR the employee will be entitled to lodge a complaint with the supervisory authority — the President of the Personal Data Protection Office.