Criminal Offence and Health Condition Information as Special Categories of Data, and the Legal Aspects of Processing in Labor Relations under GDPR and Georgian Law

Abstract

Criminal offence and health condition information as special categories of data present significant legal challenges in labor relations. The new Personal Data Protection Law outlines the general regulations regarding criminal offence and health condition information as special categories of personal data. The principles governing the processing of this personal information are very specific,
and depend on several factors, especially in employment contexts. Employers have access to private data related to candidates during the pre-contractual phase, and to employees during the contractual relationship. This access carries a high risk of breaching the principles of processing special categories of personal data. This article provides a comprehensive analysis of the processing of criminal offence and health condition information as special categories of data by the employer. This issue is analyzed within the context of the pre-contractual phase and the termination of the employment contract. All aspects are reviewed under both GDPR and Georgian legislation. At the conclusion of this article, some suggestions and recommendations are offered which might be relevant for Georgian legal practice.