SHOULD I ASK FOR CONSENT TO TREAT PERSONAL DATA OF MY COMPANY’S EMPLOYEES IN SPAIN?

24 Sep SHOULD I ASK FOR CONSENT TO TREAT PERSONAL DATA OF MY COMPANY’S EMPLOYEES IN SPAIN?

No, you should not because it is not necessary to consent to the treatment of any of the personal data of the employees as long as they are consistent with, or are a consequence of the employment relationship and are data that the employer has (as well as those that the worker has the of the employer) by virtue of the fulfilment of the employment contract in addition to the current regulations. The legal basis for the lawfulness of the processing of personal data in this case is what has been called by PD legislation, the legitimate interest.

Going beyond that is usually useless. For example, it does not make sense to try, by signing consents on the part of those affected, to widen the field of personal data of the workers that the employer intends to treat, if they are data not consubstantial or enforceable for the fulfilment of the Employment relationship according to contract or by the legislation in force. Such thing according to repeated jurisprudence would go against the principle of freedom in the consent, given the position of imbalance that is established in a working relationship. In other words, such consents would be null, as the worker would grant them from a position of disadvantage versus the employer-contractor, according to the case law.