INTRA/PS/PS011Records concerning trade union activity
Records disclosing a worker’s membership of a trade union or participation in its activity.
| Control | Jurisdiction | Source | What it establishes | Prerequisite or recommendation |
|---|---|---|---|---|
| PS011/EUMandatory | European Union | Regulation (EU) 2016/679, articles 5(2), 6, 9, 12, 15, 22, 35, and 88European Parliament and Council · read 11 Aug 2026 | The grounds on which processing may rest, the burden of showing it, the categories whose processing is prohibited outright save on a named ground, what a person asking has to be told and by when, the limit on deciding about someone by machine alone, when an impact assessment is owed, and the leave each member state has to set its own employment rule. | Trade union membership is one of the categories article 9 prohibits the processing of outright. The prohibition lifts only on one of that article’s own grounds, and the employment one requires that Union or member state law or a collective agreement authorize the processing and provide appropriate safeguards for the person. |
| PS011/ITMandatory | Italy | Provvedimento n. 107, Amazon Italia LogisticaGarante per la protezione dei dati personali · read 16 Aug 2026 | That records of illness, union activity, and family circumstances kept by managers had no lawful basis, and attract the stricter regime. | A record touching union membership or activity falls in the stricter category, whatever the file it sits in and whoever wrote it. |
| PS011/GBMandatory | United Kingdom | Regulation (EU) 2016/679 as it has effect in domestic law, articles 6, 9, 22A to 22D, and 35Retained under the European Union (Withdrawal) Act 2018 · read 30 Aug 2026Data Protection Act 2018, section 10 and Schedule 1Parliament of the United Kingdom · read 30 Aug 2026 | The grounds, the closed categories, when an assessment is owed, and a rule on deciding about someone by machine that is not the Union’s. | Trade union membership is one of the categories the processing of which is prohibited, and in domestic law the prohibition lifts only where the processing also rests on a ground in article 6(1) and one of the article 9 grounds applies. The employment ground requires domestic law or a collective agreement, which is the Schedule 1 condition and the document it carries. In turn, the employment condition is met only where the processing is necessary to perform or exercise an obligation or a right imposed by law in connection with employment, and where the appropriate policy document is in place at the time. |