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BayLDA Issues Guidelines for Employers and Works Councils to Collaborate on Data Subject Requests

BayLDA clarifies works councils' data protection obligations. Employers and works councils must collaborate to meet legal information requests.

On the right there are clip, passport size photo and cloth. On the left and in the background it is...
On the right there are clip, passport size photo and cloth. On the left and in the background it is blurred.

BayLDA Issues Guidelines for Employers and Works Councils to Collaborate on Data Subject Requests

The Bavarian Data Protection Authority (BayLDA) has issued guidelines to improve cooperation between employers and works councils in handling data subject requests, ensuring compliance with data protection regulations. The works council's confidentiality obligation does not exempt it from its data protection cooperation obligations, and employers remain responsible for data protection.

The BayLDA recommends involving a data protection officer in processing data subject requests and maintaining transparent processes between employers and works councils. This role, though not specified by name, is integral to strengthening cooperation and data protection awareness among works council members.

According to Section 79a (3) of the Works Constitution Act (BetrVG), works councils have a legal obligation to cooperate with employers in fulfilling information requests from data subjects. However, tensions can arise in practice, as employers are responsible for data protection and must provide complete information about personal data processing. Members of the works council, as representatives of employees handling sensitive personal data, cannot generally invoke their special status to avoid data protection obligations.

The BayLDA reports cases where works councils ignored their support obligation, leading to employers being unable to fulfill their legal information obligation and risking complaints and fines. To address this, the BayLDA suggests training and raising awareness among works council members to strengthen their understanding of data protection obligations.

The BayLDA's recommendations aim to foster a collaborative approach between employers and works councils in managing data subject requests and ensuring data protection compliance. By involving a data protection officer and providing training for works council members, employers and works councils can support each other in meeting their legal obligations and maintaining transparency.

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