No data protection obligation to remove a warning letter after termination of employment – Decision by the LAG Niedersachsen
The Landesarbeitsgericht Niedersachsen (judgment of June 19, 2024, Ref. 11 Sa 1180/20) has dealt extensively with the question of whether, after the termination of an employment relationship, there is a claim to deletion, based on data protection law, of a warning letter issued in connection with the employment relationship from the personnel file. The decision clarifies that the data protection regulations – especially the provisions of the GDPR – do not necessarily support the mere wish of a former employee to have warning letters completely removed from the personnel file.
Initial Situation and Disputed Issues
At the end of an employment relationship, questions often arise regarding how to handle documents in the personnel file, such as warning letters, evaluations, or references. In addition to employment law aspects, data protection is of increasing importance, especially the right to erasure of personal data pursuant to Art. 17 GDPR.
In the present case, the plaintiff requested the removal of a warning letter issued during employment from the personnel records after the end of the employment relationship. The employer refused, citing the necessity of retaining it for evidentiary purposes, in particular with regard to potential labor disputes or post-contractual legal disputes.
Legal Assessment of the Regional Labour Court
Applicability of the GDPR to Personnel File Contents
The LAG Niedersachsen confirms that personal data arising from employment relationships are, in principle, subject to the scope of the GDPR. This explicitly includes warning letters stored in personnel files. However, the possibility of deletion is not unlimited.
Balancing of Interests and Retention Obligations
According to the court, a balance must be struck between the former employee’s interest in deletion and the legitimate interests of the former employer. Pursuant to Art. 17(1)(a) GDPR, there is no right to erasure as long as continued processing— in this context, storage and retention of the warning letter—is necessary for compliance with legal obligations or for the establishment, exercise, or defense of legal claims.
The LAG emphasizes that warning letters may remain significant after the end of employment to secure evidence for potential future legal disputes – for example, in disagreements about references, subsequent unfair dismissal actions, or claims for damages. Mere termination does not automatically remove the employer’s legitimate interest in retaining such records.
Criteria for the Right to Erasure
The court clarifies that a claim to removal may fundamentally exist if the data processing violates data protection regulations (see Art. 17(1)(d) GDPR). A prerequisite would be that retaining the warning letter is no longer necessary and that there are no overriding legitimate interests of the employer. In the decided case, however, the court could not establish such an overriding interest of the former employee.
Implications for Handling Personal Data in Employment Relationships
Practical Relevance for Employers and Employees
The decision provides guidance regarding the scope of data protection claims of former employees. Employers may resist requests for deletion or removal by referring to the need for evidence, as long as there is an objectively legitimate interest. Conversely, employees should review in individual cases whether continued storage is in fact still necessary.
Relationship to Other Erasure Claims and Archiving Periods
The judgment also emphasizes that statutory employment obligations to remove warning letters after termination are to be distinguished from data protection claims. While removal on employment law grounds may be demanded in some cases, a separate data protection-based claim is subject to the balancing of interests as outlined.
Significance Beyond the Individual Case
With this decision, the LAG Niedersachsen provides clarity to the previously vague overlap between data protection and post-contractual employment effects. Especially in times when data protection rights are moving to the center of employment disputes, the judgment creates legal certainty and a reliable reference framework for the parties involved.
Conclusion and Outlook
With its recent decision, the LAG Niedersachsen makes it clear that the data protection right to erasure under Art. 17 GDPR relating to personnel files is limited by legitimate employer interests. The refusal to fully remove a warning letter after termination of the employment relationship may be permissible if there are factual grounds—namely, safeguarding potential legal positions.
Nevertheless, the circumstances of each individual case are decisive; especially after long periods since contract termination or when a legitimate interest is clearly no longer present, new legal questions may arise for both sides.
If you require legal advice regarding the protection of personal data, the management and retention of personnel files, or related conflict areas, the attorneys at MTR Legal are at your disposal.
