DATA PROTECTION
Italian Data Protection Authority: Code of Conduct for Employment Agencies enacted.
The Italian Data Protection Authority enacted the Code of Conduct promoted by Assolavoro, the National Association of Employment Agencies. The Code defines 'good practices' for the correct processing of data carried out within the framework of personnel intermediation, research and selection activities. With the same measure, the Authority accredited the Monitoring Body, an independent body made up of three members, which is called upon to verify compliance with the Code by its members and to handle the resolution of complaints.
The Code, which is currently being published in the Official Journal, introduces some significant provisions to protect job applicants, also in order not to allow possible discrimination in accessing the labour market. In particular, the Agencies adhering to the Code undertake to process only data strictly necessary for the establishment of the employment relationship; they must not, therefore, carry out surveys on workers' political, religious or trade union opinions or carry out pre-selections on the basis of information concerning their marital status, pregnancy, disability, not even with the candidates' consent.
In the pre-recruitment phase, Agencies must not find information by consulting social profiles intended for interpersonal communication. Online information can only be collected if it is made available on social channels that are professional in nature, and limited only to information related to the competence required.
Employment agencies, moreover, will not be able to acquire the candidate's professional references from previous employers and communicate them to their clients, on whose behalf the recruitment is carried out, without the candidate's 'prior explicit authorisation'.
And they will not be able to process, even with the candidate's consent, information on disciplinary offences or legal proceedings involving him/her.
While as regards the delicate aspect of decisions based on automated processing, the Agencies will have to carry out a detailed impact assessment and in the information provided to workers, clearly indicate the mechanisms underlying the automation and the periodic assessments adopted to verify the reliability of the automated system.
In the case of fully automated processing, workers must always be guaranteed at least the right to obtain human intervention, to express their opinion and to contest the decision.
The Code, which is currently being published in the Official Journal, introduces some significant provisions to protect job applicants, also in order not to allow possible discrimination in accessing the labour market. In particular, the Agencies adhering to the Code undertake to process only data strictly necessary for the establishment of the employment relationship; they must not, therefore, carry out surveys on workers' political, religious or trade union opinions or carry out pre-selections on the basis of information concerning their marital status, pregnancy, disability, not even with the candidates' consent.
In the pre-recruitment phase, Agencies must not find information by consulting social profiles intended for interpersonal communication. Online information can only be collected if it is made available on social channels that are professional in nature, and limited only to information related to the competence required.
Employment agencies, moreover, will not be able to acquire the candidate's professional references from previous employers and communicate them to their clients, on whose behalf the recruitment is carried out, without the candidate's 'prior explicit authorisation'.
And they will not be able to process, even with the candidate's consent, information on disciplinary offences or legal proceedings involving him/her.
While as regards the delicate aspect of decisions based on automated processing, the Agencies will have to carry out a detailed impact assessment and in the information provided to workers, clearly indicate the mechanisms underlying the automation and the periodic assessments adopted to verify the reliability of the automated system.
In the case of fully automated processing, workers must always be guaranteed at least the right to obtain human intervention, to express their opinion and to contest the decision.
