Employee Data Protection
Interdisciplinary Council on Employee Data Protection
This article was published on 16 June 2020 and last updated on 26 January 2022.
The BMAS has set up an interdisciplinary advisory council of experts in order to explore the prospects for leading-edge data protection and to examine to what extent any additional regulations are needed to clarify and define provisions for protecting employees’ rights in the digital working world.
Does employee data protection need to be updated? To clarify this question, the Federal Ministry of Labour and Social Affairs (BMAS) has set up an interdisciplinary advisory council , coordinated and facilitated by the Policy Lab. In doing so, the Ministry is fulfilling a review commitment contained in the coalition agreement from the 19th legislative period. In question is whether or not an opening clause in the GDPR should be used and whether specific rules for Germany, for instance in a separate law on employee data protection, should be enacted. Under the chairmanship of Prof. Dr. Herta Däubler-Gmelin, former Federal Minister of Justice, high-ranking experts from the scientific community and practice are working on drawing up recommendations for legally secure and future-oriented regulations for employee data protection. These are intended to meet the data protection requirements of a rapidly changing, technology-driven world of work. The aim is to strike an appropriate balance between the information requirements of the employers and the employees’ need for privacy.
Initially, it was planned that the interdisciplinary advisory council would present its findings by April 2021, but the work process was delayed due to the pandemic. At present, the consultations in the advisory council are still ongoing.
- Prof. Dr. Herta Däubler-Gmelin, Bundesjustizministerin a. D.
Dir. and Prof. Dr Beate Beermann
President of the Federal Institute for Occupational Safety and Health
Prof. Ulrich KelberFederal Commissioner for Data Protection and Freedom of Information
Thomas KoczelnikChair, Group works council of the Deutsche Post DHL Group
Marit HansenState commissioner for data protection Schleswig Holstein and computer scientist
Dr Ariane ReinhartBoard member and Director of Labour Relations, Continental AG
Prof. Dr. Anne RiechertProfessor of Data Protection Law and Information Processing Law at Frankfurt University of Applied Sciences
Prof. Dr Rüdiger KrauseHolder of the Chair for Civil Law and Labour Law at the Georg August University of Göttingen
Benedikt Rüdesheim, LL.M.Master of Laws, lawyer at Berger Groß Höhmann & Partner Rechtsanwälte
Prof. Dr Judith SimonProfessor of Ethics in Information Technology at the University of Hamburg
Prof. Dr Prof. h.c. Jürgen TaegerOf-Counsel at DLA Piper LLP;previously professor for civil law, commercial, business and legal informatics at the Carl von Ossietzky University in Oldenburg
Prof. Dr Gregor Thüsing, LL.M.Director of the Institute of Labor & Employment Law and Social Security Law at the University of Bonn
Tim WybitulPartner at Latham & Watkins LLP, lawyer specialising in employment law
Prof. Dr Peter WeddeProfessor of Employment Law and Information Society Law at Frankfurt University of Applied Sciences
In light of the current situation with respect to the coronavirus pandemic, the advisory council will be holding meetings virtually until further notice.