Does the employer have the right to disclose information about the criminal record...?

Information about a criminal record refers to personal data. According to Article 2 of the Law "On the Protection of Personal Data", personal data is information or a set of information about a natural person who is identified or can be specifically identified. The employee belongs to the named categories.

In accordance with Article 7 of the same Law, the processing of personal data on racial or ethnic origin, political, religious or ideological beliefs, membership in political parties and trade unions, criminal convictions, as well as health-related data is prohibited , sex life, biometric or genetic data.

The above does not apply if the processing of personal data:

1) is carried out under the condition that the subject of personal data provides unequivocal consent to the processing of such data;

2) necessary for the exercise of the owner's rights and duties in the field of labor relations in accordance with the law with the provision of appropriate protection.

third person in case of incapacity or limitation of civil capacity of the subject of personal data;

3) is carried out with the provision of appropriate protection by a religious organization, public organization of worldview orientation, political party or professional union established in accordance with the law, provided that the processing concerns exclusively the personal data of members of these associations or persons who maintain constant contact with them due to the nature of their activity, and personal data are not transferred to a third party without the consent of the subjects of personal data;

4) necessary for the justification, satisfaction or defense of a legal claim;

5) necessary for health protection purposes;

6) necessary to ensure the maintenance of military records of conscripts, conscripts and reservists (in the amount of data specified in Article 7 of the Law of Ukraine "On the Unified State Register of Conscripts, Conscripts and Reservists");

7) relates to court verdicts, performance of tasks of operative-investigative or counter-intelligence activities, fight against terrorism and is carried out by a state body within the limits of its powers defined by law;

8) refers to data that has been explicitly disclosed by the subject of personal data.

In accordance with Article 14, the distribution of personal data without the consent of the subject of personal data or a person authorized by him is allowed in cases specified by law, and only (if necessary) in the interests of national security, economic well-being, human rights and for conducting the All-Ukrainian population census.

Therefore, the employer has the right to know about the criminal record of the employee, but he cannot disclose this information. Cases when personal data (criminal record) may be processed are specified in Article 7 of the Law "On the Processing of Personal Data".