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The Stockholm based retailer H&M, which employs over 120,000 people, in 5,000 outlets across 74 countries. Has been fined the second highest recorded GDPR fine and is the highest fine issued by the German regulator.
The fine is a departure from the usual data loss fines more associated with GDPR and data related regulations. In this case H&M were fined for collecting and storing private information on their staff at a service centre in Nuremberg. Managers and team leaders were conducting back-to-work style interviews or informal chats following sickness absence and holidays. The information recorded ranged from details about illnesses and diagnoses, to what they had done on holiday, specific family problems and their religious beliefs. The data was then used alongside an analysis of individuals’ performance at work to create “profiles†of employees that would help direct employment decisions.
The activities came to light when access to the database inadvertently occurred following an IT failure in October 2019. Not the normal fine released due to a data breach, but one which highlights that data should only be collected and used appropriately, and in the case it obviously was not.
Employee profiling is certainly not an appropriate use.
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