Recently, the National Authority of Personal Data Protection (ANPDP) has issued Directorial Resolution No. 1022-2022-JUS/DGTAIPD-DPDP, through which it has resolved to sanction a company for the following:
- Having carried out the processing of personal data of the workers through the document “employment contract for an indeterminate term” without complying with the duty of information on the processing thereof, regulated in the Personal Data Protection Law, mainly on the identification of recipients of personal data.
- Having collected personal data related to criminal, police and judicial records, as well as complaints before the Public Ministry, of job applicants, failing to comply with their obligation “not to collect personal data through fraudulent, unfair and illicit means.”
For the Authority, the storage of such information, as well as the extraction or any form of possession, original or temporary, can only be carried out by a public entity whose powers provide it, this being the only lawful source of such true and current personal data; therefore, any act for its transfer and reception by a private entity loses such legitimacy.
Notwithstanding the foregoing, it should be noted that the ANPDP indicated that it is possible that the contracting company directly requires the applicant, personal data related to criminal, police and judicial records, as well as complaints before the Public Ministry, being able to later verify the authenticity of the received documents, directly with the lawful sources available to the public. The situation would have to be analyzed for each specific case in order to avoid possible violations of any of the provisions established by the Peruvian regulations on the protection of personal data.
The first infraction represented a fine of PEN 26,712.00, while the second, a fine of PEN 261,786.00.
The aforementioned Resolution issued by the ANPDP reminds us of the importance of carrying out an adequate treatment of the personal data of the applicants and workers.
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