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Ruling by the Saxony Regional Labour Court on removing a written warning from the personnel file
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In its decision of 13/03/2024 (4 Sa 117/21), the Saxony Regional Labour Court (LAG) addressed the question of whether, under data protection law, there is a right to have a written warning removed from a paper-based personnel file after the employment relationship has ended. The court denied such a right.
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Initial situation and subject matter of the dispute
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The proceedings were based on the facts that, after the employment relationship ended, an employee demanded the data protection law–motivated removal of a previously issued written warning from his physical personnel file. In support, the former employee referred to the existence of a right to erasure under Article 17 GDPR.
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The employer argued in response that keeping the written warning in the paper file would remain permissible under data protection law even after the employee’s departure.
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Key points of the court’s decision
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Applicability of the General Data Protection Regulation
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The LAG Saxony first examined whether the GDPR, and in particular a resulting right to erasure, is applicable in relation to the paper-based personnel file at issue. In the court’s view, the GDPR covers only automated processing operations, or cases in which non-automated processing takes place within a filing system. However, the concept of a filing system requires a structured set of personal data that is accessible according to specific criteria.
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In the court’s conviction, the paper personnel file did not meet the requirements of such a filing system, as it was not comparable to an indexed collection ordered according to specific criteria. Accordingly, Article 17 GDPR did not apply to the matter in dispute.
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No data protection law right to erasure
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From the lack of applicability of the GDPR, the LAG Saxony concluded that there is no right to delete or remove the written warning contained in the paper file. The court was likewise unable to identify any indications of a necessary rectification or removal under other data protection law provisions.
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In addition, the court clarified that the scope of protection of the general right of personality of an employee who has left is not affected by the mere continued documentation of the written warning in the personnel file. This applies in particular where a legitimate interest of the employer in retaining the documents can be assumed, for example for the purpose of defending against potential legal claims.
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Significance of the decision for practice
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The decision of the LAG Saxony illustrates that the scope of data protection law rights to erasure in connection with traditional, paper-based personnel files is limited. For companies, it is decisive that the GDPR applies to purely analog personnel administration only under certain conditions.
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The decision likewise underscores the importance of carefully examining whether a personnel file is actually to be regarded as a “filing system” within the meaning of the GDPR. Labour-law documentation in paper form does not, as a rule, give rise to data protection law rights to erasure under Article 17 GDPR.
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The proceedings are concluded upon expiry of the deadline for legal remedies. Source: https://urteile.news/Landesarbeitsgericht-Sachsen_4-Sa-11721_Kein-datenschutzrechtlicher-Anspruch-auf-Entfernung-einer-Abmahnung-aus-papierenen-Personalakte-nach-Ende-des-Arbeitsverhaeltnisses~N34141
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Data protection law issues in the employment relationship
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The interplay between employment law and data protection law continues to raise diverse delineation issues—particularly in connection with archiving and handling the personal data of former employees. In day-to-day business practice, it is therefore advisable to design processes and responsibilities in the area of data protection with sensitivity.
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If uncertainties arise in connection with storing data in personnel files or, generally, with data protection law obligations, a professional assessment of the relevant processes is recommended. Further information and support is provided by MTR Legal under Legal advice on data protection.
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