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The AEPD reminds us that asking if a candidate has had COVID-19 goes against the Spanish data protection law.

Most teachers will be sending CVs to future employers for the next academic year. And many centers are doing their interviews now. During these interviews, due to our current situation, some companies are not taking into account the data protection law.

The AEPD, Spanish Data Protection Agency, has just published an article about interviews, candidates and coronavirus which you can read in Spanish here: https://www.aepd.es/es/prensa-y-comunicacion/notas-de-prensa/comunicado-AEPD-covid-19-oferta-busqueda-empleo

In this article it reminds everyone involved, candidates and employers, that asking if someone has recovered from COVID-19 goes against our current data protection laws:

“solicitar a los candidatos a un puesto de trabajo información de si han pasado la COVID-19 y desarrollado anticuerpos como requisito para acceder al puesto de trabajo ofertado.

La Agencia Española de Protección de Datos considera necesario advertir que estas prácticas constituyen una vulneración de la normativa de protección de datos aplicable.

In the article you can read the specific reasons for this. Health information is protected by the data protection law. When providing such information, an individual such be able to do it freely, without feeling forced in any way to do so. The AEPD understands that such is not the case during an interview, as your future job could depend in you providing such information or not.

For the same reason, candidates should not include if they have recovered from COVID-19 in their CVs when applying for a job.

Lastly, I remind companies that storing health information from candidates implies higher security measures than just contact information, and any such information stored as level 1 data would go against de data protection law.

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