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Latvia: DVI publishes guide for employers on personal data processing considerations during recruitment stage

On April 17, 2024, the Data State Inspectorate (DVI) published the second part of its guidance for employers on the general rules for consideration when organizing recruitment in relation to processing personal data, after publishing the first part of the series on April 8, 2024.

What were the topic areas discussed in the series?

In particular, the DVI explained that the series includes frequently asked questions from employers. The series summarizes the general rules related to the processing of personal data in the process of personnel selection and employment contract preparation, while looking into the processing activities performed in obtaining information about applicants, the relevance of information gathered, and the processing of special categories of personal data and information on a person's criminal records.

The DVI considered and provided guidance on the following areas:

  • the determination and collection of necessary personal data;
  • the information requirements to be given to the applicant about the processing of their data;
  • the storage and deletion of data obtained in the selection;
  • the controller's requirements in the event of further processing of applicants' data for purposes outside of their initial collection;
  • the involvement of third parties in the organization of the selection process;
  • the procedure for when requesting documents certifying the applicant's qualifications;
  • the controller's obligations when requesting references/feedback from previous employers or other third parties related to the applicant;
  • the use of social networks as a source of obtaining information about the applicant; and
  • the considerations when checking registers and databases to ascertain the applicant's competence and suitability for the position.

You can read part one of the series here and part two here, both only available in Latvian.

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