A/HRC/43/52
(b)
Allow the free development of the personality of all employees, regardless of
their gender, by:
(i)
Ensuring all safeguards for workers’ right to privacy and protection of their
personal data;
(ii)
Advising and consulting workers and their representatives at reasonable
intervals and without excessive delay as to what data are being collected on them, the
processing of such data and the right to have access to, rectify and delete inaccurate
data collected about them and derived from work processes;
(c)
Ensure that communications are:
(i)
Lawful and do not infringe upon privacy and discriminate against or harass any
workers on the basis of their gender;
(ii)
Timely, in an intelligible form and inclusive of all relevant information on what
is being collected, its origins, its purpose or purposes, retention periods, workers’
rights of access and rectification, how those rights may be exercised and any other
information to ensure transparent processing;
(d)
systems;
(e)
Inform workers clearly and fully before the introduction of information
Ensure that:
(i)
Any use of data analytics and predictive technologies is in accordance with
relevant privacy and data protection laws and standards;
(ii)
Data-predictive technologies, including those that use health data, do not
discriminate by gender;
(iii) Technology that reveals workers’ location is introduced only if necessary to
achieve employers’ legitimate purpose or purposes, such as health and safety, and
does not lead to continuous monitoring of workers;
(iv) Monitoring is only an indirect consequence of protecting and enhancing
operations, health and safety;
(v)
The processing of biometric data is undertaken only if there are no other less
intrusive means available and only if accompanied by appropriate safeguards,
including scientifically recognized methods, and strict security and proportionality
protocols;
(f)
Develop appropriate measures to ensure that enterprise-wide practices comply
with privacy principles and lawful obligations relating to data processing for employment
purposes, regardless of gender, including by:
(i)
Limiting data collection to what is necessary to achieve the objectives of the
collection in question;
(ii)
Conducting privacy impact assessments, as in the case of potential profiling or
decisions taken by means of automated systems;
(iii) Consulting workers on possible infringements of their right to privacy based
on gender;
(iv) Only providing personal data concerning gender to workers’ representatives,
consistent with national law and practice or the terms of collective agreements, to the
extent that such data are necessary to allow proper representation of workers’ interests
or to meet obligations in collective agreements;
(v)
Conducting investigations of employees with due regard to privacy and data
protection laws;
(vi) Ensuring confidential procedures for appealing against wrongful dismissal
based on gender.
22
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