What are the keys to data protection in the workplace?

The protection of personal data in the workplace has become an issue of utmost importance in current business management. It is crucial for any company to understand how privacy laws affect employee data management.

This article aims to offer a comprehensive and detailed guide on data protection in the workplace context, addressing current laws and best practices to ensure regulatory compliance and protection of workers' privacy.

Introduction to data protection in the workplace

The protection of personal data involves the appropriate and secure processing of information that allows a person to be identified. In the workplace, this refers to employee data that a company handles for various purposes, including recruiting, personnel management, and compliance with legal obligations.

The Organic Law on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD) in Spain, together with the General Data Protection Regulation (RGPD) of the European Union , establishes a rigorous framework for the management of this information. The LOPDGDD, in force since December 2018, adapts the RGPD to the Spanish context and reinforces the protection of workers' digital rights.

Basic principles of data protection

• Legality, loyalty and transparency: Data must be treated legally, fairly and transparently. This involves informing employees about what data is collected, for what purpose, and how it is used.
• Limitation of purpose: Data must be collected for specific, explicit and legitimate purposes, and not processed in a manner incompatible with those purposes.
• Data minimization: Only personal data that is adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed should be collected.
  Accuracy: Personal data must be accurate and, where necessary, updated.
• Limitation of the conservation period: The data must be maintained in a way that allows the identification of the interested parties only for the time necessary for the purposes of the treatment.
• Integrity and confidentiality: Data must be treated in a way that ensures adequate security, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage.
• Proactive responsibility: The data controller must be able to demonstrate compliance with these principles.

Implications for entrepreneurs

Hiring and personnel management

During the hiring process, numerous personal data is handled, from the resume to more sensitive data such as criminal records or medical reports. It is essential that this data is used exclusively to assess the candidate's suitability for the position and is deleted once the process is complete, if the candidate is not hired.

Surveillance and monitoring

The use of technologies to monitor employees, such as surveillance cameras, geolocation systems or computer usage tracking software, must be transparent and proportionate. Employees must be informed about the existence and purpose of these tools, and their use must be justified and limited to what is strictly necessary.

Treatment of sensitive data

Sensitive data, such as information about health, union membership or religious beliefs, requires special protection. Their processing is subject to strict conditions and, in many cases, requires the explicit consent of the employee.

Workers' Rights

Employees have a number of rights in relation to their personal data, including:

• Right of access: Employees can request access to their personal data that the company has.
• Right to rectification: Employees may request the correction of inaccurate or incomplete data.
• Right to deletion: In certain circumstances, employees can request the deletion of their data.
• Right to limitation of processing: Employees may request the limitation of the processing of their data in certain cases.
• Right to data portability: Employees can receive their data in a structured and commonly used format, and transfer it to another controller.
• Right to object: Employees may object to the processing of their data for personal reasons, unless there are compelling legitimate grounds for the processing.

Impact assessments and security measures

Companies must carry out data protection impact assessments (DPIAs) when the processing may pose a high risk to the rights and freedoms of employees. These evaluations help identify and mitigate risks before starting data processing.

Likewise, implementing adequate security measures is crucial. This includes data encryption, the use of strong passwords and information access control, as well as ongoing employee training on good security practices.

Regulatory compliance and consequences of violation

Failure to comply with data protection regulations can result in significant penalties. Fines can reach up to €20 million or 4% of the company's global annual turnover, whichever is greater. Additionally, there may be additional legal consequences, such as lawsuits by affected employees.

Data protection in the workplace is a fundamental aspect that all entrepreneurs and businesses must manage diligently. Complying with privacy laws not only avoids penalties, but also fosters an environment of trust and transparency between employees and the company. Implementing clear policies, providing appropriate training and maintaining a proactive approach to data protection will help ensure that workers' rights are respected and sensitive information is protected effectively.