What is my employer allowed to know about me?

In an employment relationship, a special rule applies in addition to the Federal Act on Data Protection: your employer may only process data about you insofar as it concerns your suitability for the job or is necessary for performing the employment contract (Art. 328b of the Code of Obligations, CO).

Job applications

• Questions in a job interview must be related to the job. Questions about pregnancy, religion, party membership or health (unless they concern your suitability for the specific work) are generally not permitted.
• A prospective employer may only obtain references with your consent.
• If you are turned down, your documents must be returned or deleted, unless you have agreed to them being kept.

Personnel file

You can request access to your personnel file at any time (Art. 25 FADP). Your employer must correct any inaccurate information (Art. 32 FADP).

Monitoring in the workplace

• Monitoring of behaviour is prohibited: systems intended to monitor employees’ behaviour may not be used (Art. 26 of Ordinance 3 to the Employment Act, OLL 3).
• Systems used for other reasons – such as safety or quality control – are permitted if they are proportionate and you are informed about them.
• Email and internet: your employer should set out rules on private use in a set of regulations. As a rule, your employer may not read private emails. Checks must first be carried out anonymously or under a pseudonym; analysis relating to individuals is only permitted if there is a specific suspicion of misuse and if it has been announced in advance in the regulations.

Health

A medical certificate only confirms that you are unable to work, not the diagnosis. Your employer has no right to know what illness you have.

After you leave

Data that is no longer needed must be deleted. Statutory retention periods apply to payroll and accounting records (usually ten years).

What you can do

• Request access to your data
• Have inaccurate information corrected
• If there is a dispute, your trade union or professional association can also help.