When creating the company’s public image and publishing information about its current events and achievements, employers tend to include information about specific employees in such publications – for example, about their participation in a project or conference.

As long as the employee works for the company, it is understandable why he is mentioned in publications. However, the question arises as to what happens to this information when the employee leaves the company. Can an employer refuse to delete information about a former employee included in publications such as press releases if the employee requests it?

Valdis is mentioned on the company’s website, where the implementation progress of a project managed by Valdis and the results achieved are described. Although the publication does not cause negative consequences for Valdi, he no longer wants to be associated with his former workplace, so after leaving his job he demands to delete his name and pictures in which he appears.

Although former employees have the right to request the deletion of their personal data[1], it should be understood that this right is not absolute. These rights apply only to the cases specified in the Data Regulation and are related to the purpose and legal basis of the specific data processing.

For example, an erasure request must be fulfilled if:

• the data are no longer needed for the purposes for which they were originally collected;
• the person withdraws their consent to processing;
• the person objects to the processing carried out in the legitimate interests of the employer and there is no other overriding legal basis.[2]

Deletion of published information in the employer’s legitimate interests

Taking into account that the purpose of the company’s publications is usually the promotion of commercial activities, this type of processing, including the employee’s personal data, will most often be justified by the legitimate interests of the employer, therefore, in the continuation of the explanation, we will consider what should be taken into account in the case of the application of such a legal basis, if received from a former employee request to delete your data.

If a former employee requests to have their personal data deleted from this type of publication, employers may in certain cases refuse to do so on the basis of the company’s legitimate interests[3], if a balancing test has been carried out and it has been determined that the employee’s interests in the particular case do not outweigh the company’s interests .[4] On the other hand, with regard to employees of public institutions, the preservation of such information may be in the public interest, for example, so that it is clear to people how decisions important to the public have been made.

So, in the situation described above, when assessing the fulfillment of the request, Valda’s former employer must determine what the purpose of the publication is, its importance in the company’s operation, as well as take into account the impact of the availability of this publication on Valda.

Should be deleted: In the run-up to Family Day, company employees shared stories about spending time with their loved ones by posting photos of their activities. Valdis also shared his story of how he and his wife and children do sports together. Considering that this information is not related to the company’s operation, Valdis requested to delete this content, and the former employer should comply with this request.

Shouldn’t be deleted: Valdis was mentioned in a release describing the development of a new product in which he was involved as a project manager. In this case, the employer can refuse to delete this information, because the publication is related to the company’s business goals and development, as well as it is important for potential customers and cooperation partners.

When evaluating the request of the former employee, the following aspects may be important:

• Importance of the publication for the employer. Such publications can be important in promoting a company, building its reputation, and recording its history and development. The information included in the publication about the employee’s role can be an essential part of this publication, portraying the professionalism and values ​​of the company’s employees as a whole. Also, the employee may be mentioned in many publications, so deleting such publications may mean deleting or making incomplete a large part of public information.
• Expectations of the data subject. Could the former employee reasonably have expected that the data would continue to be used in this way after he left? What is the role of the former employee in shaping the company’s public image? Can the publication be unflattering to the employee in any way? If the former employee held a senior position or participated in the organization’s public communications as part of his work, he could expect that information about his historical role in the company’s operations may remain publicly available.
• Data minimization. The employer must ensure that the publication, which is available even when the employee no longer works for the company, contains only the data necessary to ensure the interests of the company. For example, information relating to a former employee’s professional activities within the company could be retained, but not information about his private life.

https://www.dvi.gov.lv/lv/jaunums/dviskaidro-personas-datu-apstrade-pec-darba-tiesisko-attiecibu-izbeigsanas-2?utm_source=https%3A%2F%2Fwww.google.com%2F