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Latvia: DVI publishes guide on termination of employment and personal data processing (part 2)
On September 26, 2024, the Data State Inspectorate (DVI) published part two of the guide on the processing of personal data after the termination of employment, particularly with publications involving former employees. The DVI explained that employers commonly reference current employees in company publications to build brand image, but issues arise when these references remain after employment ends.
The DVI clarified that former employees have the right to request the deletion of their personal data; however, this right is not absolute and only applies to cases specified in the Data Regulation that are related to the purpose and legal basis of the specific data processing.
Furthermore, the DVI explained that a deletion request may be denied if the employer's legitimate interests outweigh the employee's interest in erasure. In addition, with regard to the employees of public institutions, the DVI confirmed that the preservation of such information and denial of the deletion request may be in the public interest.
Consequently, when evaluating the deletion request of the former employee, the DVI advised employers to consider the importance of the publication for the employer, the reasonable expectations of the data subject, and the principle of data minimization.
You can read the press release, only available in Latvian, here.
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