| Correct!
ANSWER: D. In accordance with this decision,
Garante determined that the recruiting process was unlawful
for infringing Article 8 of the Italian Workers' Statute
which prohibits employers from performing any investigation
for recruitment purposes with regard to the religious, political
and trade union opinions of the worker as well as on other
facts that are irrelevant for the evaluation of the professional
attitude of the worker. In addition, Garante also highlighted
the breach of other labor law provisions expressly prohibiting
labor agencies or subjects involved in recruiting activities
to perform investigations on personal opinions, religious
beliefs, sexual orientation, pregnancy and health conditions,
and more generally to process workers' personal information
that is not strictly relevant to their professional attitude
and their working duties.
The
Italian Data Protection Authority (“Garante”),
recently declared the data processing performed by the company,
Aler (Azienda lombarda per l'edilizia residenziale)
during its recruitment process (with the assistance of a
screening company), unlawful. The Garante found that the
following information and/or activities were not relevant
to assess the eligibility of candidates for job positions
within the company:
A.
Questioning the candidates regarding their sex lives;
B.
Submitting candidates' profiles to a psychologist for evaluation;
C.
Researching candidates’ personal relationships; or
D.
All of the above.
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