Decision of the National Commission for Data Protection no. 923/2016
This Decision concerns whether or not paralegals and enforcement agents have lawful access to the pay slips of employees who are parties to civil legal proceedings. The National Commission for Data Protection (NCDP) issued an opinion whereby it concluded that the attachment of salaries does not require knowing all the personal data contained on a pay slip. In fact, in addition to information concerning the salary, the pay slip may also contain other information which is not relevant to calculate the amount that can be attached (for example, information regarding trade union membership).
Whereas the information contained on pay slips is connected to the concept of employees’ private life, which is protected by law and under the Constitution, the NCDP concluded that such information benefits from the enhanced legal protection granted to sensitive data, which means that access to such information requires legal authorization.
Since there is no legal authorization for such access, the NCPD concluded that access to the information contained on the pay slip which is unnecessary for this particular procedure (in other words, to any information other than the gross and net salary and attachments thereof) constitutes an infringement of the Personal Data Protection Act.
The NCDP therefore ruled that employers must not provide the pay slips of employees who are parties to civil legal proceedings to paralegals and enforcement agents.