3386
GOVERNMENT GAZETTE
A’ 137/29.08.2019
Article 25
Processing of personal data for other purposes by
private bodies
Article 27
Processing of personal data in the context of
employment
1. The processing of personal data by private bodies
for a purpose other than that for which they have been
collected shall be permitted, where necessary:
(a) for the prevention of threats to national or public
security at the request of a public body; or
(b) for the prosecution of criminal offences; or
(c) for the establishment, exercise or defence of legal
claims, unless the interests of the data subject override the
grounds for the processing of those data.
2. The processing of special categories of personal data,
as referred to in Article 9(1) of the GDPR, for a purpose
other than that for which they have been collected, shall
be permitted, provided that the conditions set out in the
previous paragraph are fulfilled and one of the exemptions
provided for in Article 9(2) of the GDPR or Article 22 of this
Law applies.
1. Employees’ personal data may be processed for
the purposes of the contract of employment where the
processing is strictly necessary for deciding whether to
enter into a contract of employment, or for the performance
of a contract of employment once it has been concluded.
2. Where an employee’s consent is, by way of exception,
used as the legal basis for the processing of the employee’s
personal data, the following should be taken into account
in deciding whether consent was freely given, and in
particular:
(a) the employee’s dependence, as set out in the contract
of employment and
(b) the circumstances under which consent was given.
Consent can be given either in writing or in electronic form
and must be clearly distinguishable from the contract of
employment. The employer must inform the employee,
either in writing or in electronic form, about the purpose
of the processing of the employee’s personal data and his
or her right to withdraw consent under Article 7(3) of the
GDPR.
3. By way of derogation from Article 9(1) of the GDPR,
processing of special categories of personal data within the
meaning of Article 9(1) of the GDPR for the purposes of the
contract of employment shall be permitted if it is necessary
for the exercise of their rights or for compliance with legal
obligations arising from employment, social security and
social protection law, and there is no reason to believe
that the data subject’s legitimate interests in relation to
processing take precedence. Paragraph 2 shall also apply
to consent given for the processing of special categories of
personal data. Consent should explicitly refer to such data.
Article 22(3)(b) shall apply accordingly.
4. The processing of personal data, including special
categories of the employees’ personal data, shall be
permitted for the purposes of the contract of employment on
the basis of collective labour agreements. The negotiating
parties shall comply with Article 88(2) of the GDPR.
5. The controller shall take appropriate measures to
ensure that, in particular, the principles for the processing
of personal data laid down in Article 5 of the GDPR are
complied with.
6. Paragraphs 1 to 5 shall also apply where personal
data, including special categories of employees’ personal
data, are subject to processing, without being stored or
intended to be stored in a filing system.
7. Processing of personal data through closed circuit
television systems in the workplace, whether publicly
accessible or not, shall only be permitted if it is necessary
for the protection of persons and goods. Data collected
through a closed circuit television system cannot be used
as a criterion for assessing the performance of employees.
The employees shall be informed in writing or electronically
of the installation and operation of a closed circuit television
system in the workplace.
8. For the purposes of this Law, employees mean workers
recruited under any type of employment relationship, or a
work contract, or a service contract in the public and private
Article 26
Transfer of personal data by public bodies
1. The transfer of personal data by a public body to
another public body shall be permitted, where necessary
for the performance of the tasks of the transmitting body or
the third party to whom the data were transferred, provided
that the conditions enabling the processing under Article
24 are met. The third party to whom the data have been
transferred shall process them only for the purpose for
which they were transferred. Processing for other purposes
shall be permitted only if the conditions laid down in Article
24 are met.
2. Public bodies shall be permitted to transfer personal
data to private bodies, provided that:
(a) the transfer is necessary for the performance of the
tasks of the body transferring the data, and the conditions
set out in Article 24 are met;
(b) the third party to whom the data have been transferred
has a legitimate interest in being aware of the transfer, and
the data subject does not have a legitimate interest in not
transferring the data relating to him or her; or
(c) the processing is necessary for the establishment,
exercise or defence of legal claims and the third party has
pledged to the public body which has transferred the data
that he or she will process the data only for the purpose for
which they were transmitted. Processing for other purposes
shall be permitted if the transfer is authorised in accordance
with paragraph 1 and the transmitting body has consented
to the transfer.
3. The transfer of special categories of personal data
within the meaning of Article 9(1) of the GDPR shall be
permitted provided that the conditions set out in paragraph
1 or paragraph 2 are met and one of the exemptions in
Article 9(2) of the GDPR or in accordance with Article 22
hereof applies.
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