HR Data Compliance is one of the most sensitive and risky areas for employers. In employment relationships, employers process large volumes of information about employees: ID copies, bank accounts, health certificates, criminal records, and sometimes even biometric data. Georgian legislation strictly regulates what data an employer has the right to request and how it must be stored. Particular caution is needed because, in employment relationships, an employee's "consent" is often not considered voluntary due to the power imbalance, so processing must rely on other legal grounds.
Technological control measures are common in modern work environments: video surveillance, electronic access passes, computer activity monitoring. Each of these actions, if implemented incorrectly, can be considered an illegal intrusion into an employee's privacy and lead to heavy fines. Legal.ge allows you to connect with experts who will help you legally streamline HR processes to protect both the company's interests and employees' rights.
What does the HR Data Compliance service cover?
The service covers the entire employment cycle, from job posting to archiving data after an employee's dismissal:
- Personnel File Audit: Checking employee personal files to determine if they contain illegally stored or unnecessary information (e.g., criminal records with expired grounds).
- Confidentiality Agreements (NDA): Preparing agreements for employees outlining their obligations to protect client and company data.
- Video and Audio Monitoring Regulation: Justifying the legitimate purposes for placing cameras in the office and placing appropriate warning signs.
- Biometric Data Management: Assessing the legality of fingerprint or face recognition attendance systems (which is often problematic under Georgian law).
- Background Checks: Defining legal ways to gather information about candidates during the recruiting process.
- Updating Internal Labor Regulations: Integrating data protection policies into the company's main labor documents.
Common Real-World Scenarios
Employers often make costly mistakes:
- Indefinite Storage of Resumes: A company keeps CVs of rejected candidates for years without their consent, which is a violation of the law.
- Processing Health Data: An employer requests information about an employee's pregnancy or chronic illness when it is not necessary for performing the job.
- GPS Tracking: A GPS system installed on company cars monitors employees during non-working hours, violating their privacy.
- Email Monitoring: The IT department reads an employee's personal correspondence on corporate email without prior warning.
Legal Framework: Labor Code and Data Protection
This area is regulated by the Organic Law of Georgia — Labor Code of Georgia and the Law of Georgia on Personal Data Protection. The law explicitly states that an employer does not have the right to request information that is not related to the performance of the job. The approach to criminal records and health status (special categories of data) is particularly strict. Also, according to the practice of the Personal Data Protection Service, video surveillance at the workplace is permitted only for safety and property protection purposes, and not for monitoring the quality of an employee's work (with some exceptions). Lawyers will help you maintain this balance.
Step-by-Step Service Process
- HR Diagnostics: Analysis of employment contracts and questionnaires.
- Policy Creation: Developing an "Employee Personal Data Protection Policy."
- Obtaining Consent: Preparing consent forms where necessary (e.g., publishing photos on the website).
- System Configuration: Legal assessment of biometric and video system configurations.
- Archiving Rules: Establishing retention and destruction periods for dismissed employees' files.
Why choose a specialist on Legal.ge?
An employee who believes their rights have been violated often turns to the Personal Data Protection Service, which results in inspections and fines for the company. HR data protection is not just a formality; it is prevention of labor disputes. Lawyers on Legal.ge specialize in the intersection of labor law and data protection, ensuring comprehensive and qualified service. Protect your company from internal risks today.
Updated: ...