Volume 7, Edition 12, December 2011


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ANSWER: D. In accordance with this decision, Garante determined that the recruiting process was unlawful for infringing Article 8 of the Italian Workers' Statute which prohibits employers from performing any investigation for recruitment purposes with regard to the religious, political and trade union opinions of the worker as well as on other facts that are irrelevant for the evaluation of the professional attitude of the worker. In addition, Garante also highlighted the breach of other labor law provisions expressly prohibiting labor agencies or subjects involved in recruiting activities to perform investigations on personal opinions, religious beliefs, sexual orientation, pregnancy and health conditions, and more generally to process workers' personal information that is not strictly relevant to their professional attitude and their working duties.

The Italian Data Protection Authority (“Garante”), recently declared the data processing performed by the company, Aler (Azienda lombarda per l'edilizia residenziale) during its recruitment process (with the assistance of a screening company), unlawful. The Garante found that the following information and/or activities were not relevant to assess the eligibility of candidates for job positions within the company:

A. Questioning the candidates regarding their sex lives;

B. Submitting candidates' profiles to a psychologist for evaluation;

C. Researching candidates’ personal relationships; or

D. All of the above.


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