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GDPR

Since the introduction of the new European Data Protection Regulation on 25 May 2018, special conditions have been added to the collection of personal data relating to data processing for employment.

These are governed, inter alia, within the EU Regulation 2016/679 of 27.04.2016, the EU Data Protection Regulation of 25.05.2018 and the associated amendment of the German Federal Data Protection Act.

In the context of EU Regulation 2016/679, the following principles for the processing of personal data under Chapter II, Article 5 can be found:

PARAGRAPH 1

1) Legality, in act of good faith, transparency
2) Purpose limitation
3) Data minimization
4) Correctness
5) Memory limitation
6) Integrity and confidentiality

On basis of the legal statements, data protection legal permissibility of GPS positioning can be carried out according to the following principles:

1) Recognition & consent: Employees must be informed about the tracking in writing and have to agree to the terms of use.

2) Reason: The GPS tracking must be justified and comprehensible.

3) Type and extent: The type and extent of the data must be disclosed.

4) Technical marking: The worker must be informed immediately while beeing tracked.

5) Obligations of information and disclosure: The employee must be informed individually and regularly about the evaluation and extent of the records.

6) Right to request cancellation: The employee must be given the right at all times to have data deleted, provided that there are no criminal matters involved and the objectives of the location have obviously been achieved (for example in the case of executed orders).


The present legal provisions will be upheld as part of a data processing agreement by the company Geotrace, which ensures that the location is carried out under privacy-compliant provisions.

SEC. 2

1) accountability

Source:
REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of individuals with regard to the processing of personal data, on the free movement of persons and repealing Directive 95/46 / EC (General Data Protection Regulation) Federal Data Protection Act of 30 June 2017 (Federal Law Gazette I p. 2097) further details in the context of special processing situations (§§26 - 31, chapter 1, part 2, section 2), which concerning the data processing for purposes of the employment relationship (chapter 1 / part 2 / Section 2 / §26).

In addition, the rights of the data subjects (§§32-37 / Chapter 2 / Part 2), such as the duty to inform when collecting personal data of the data subject (§32), the right of information (§34), the right to delete ( §35) and the right of objection (§36).

Source:

http://www.gesetze-im-internet.de/bdsg_2018/BJNR209710017.html#BJNR209710017BJNG000100000