#62024CJ0484GDPR limits on keeping employee data do not block its use in court claims
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The judgment clarifies that employers may keep and use employee personal data when it is necessary to bring, defend, or prove legal claims, even if the employee asks for the data to be erased. The case arose from an employer using data to support allegations that a former employee had seriously breached workplace duties by selling company property online without permission. For businesses and HR teams, the practical point is that GDPR storage and deletion rules do not automatically require evidence to be deleted once a dispute begins. Employers still need a valid reason for processing the data and must respect data protection principles, but legal claims can justify keeping relevant evidence.
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Key Changes
- Confirms that GDPR deletion rights do not apply when data is needed for legal claims
- Recognizes that employment-related personal data may be processed as evidence in court disputes
- Reinforces that employers must still justify and limit their use of employee data
Obligations
What this law requires
GDPR Article 17(3)(e) permits a controller, including an employer, to refuse erasure of employee personal data where continued processing is necessary for the establishment, exercise, or defence of legal claims.
GDPR storage limitation under Article 5(1)(e) does not automatically require deletion of employee personal data once the data is needed as evidence in judicial proceedings concerning employment-related claims.
Employers relying on employee personal data in litigation must still have a valid GDPR legal basis for processing and must comply with general data protection principles when retaining or using that evidence.
The judgment concerns whether employee personal data collected to prove a serious breach of employment obligations may be used in judicial proceedings, including where the evidence was allegedly obtained unlawfully.