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Since the 1960s companies apply psycho-diagnostic tools in their personnel selection to gain reliable informations of the applicant`s personality. In search of the best candidates they use – for instance – graphological analysises, intelligence tests, assessement centers or personality tests. And yet, how far are they allowed to go by searching the ideal person concerning qualification and character? This thesis provides indications to this issue, controversial tody as then. Therefore the focus is placed on the employee data protection which is an interface between the employer´s right to information and the data protection and provides a particular impetus in the contemporary protection of applicants in a digitized and cross-linked business world of today. This protection does not relate any more only to the protection of privacy. It rather relates to an enhanced protection of the information self-determination. Thereby the thesis closes a gap. Because up to now, it has seldom be assessed how the information self-determination can be appropriatly taken into consideration using psycho-diagnostic tools. The latter are apparently accepted as long as their items are associated with the employment`s requirements, meet scientfic standards and had been accepted by the applicant. However, it is uncertain, if these criteria are consistent with the legal peculiarities of data protection. Furthermore it is open to question if they comply with the scientific insights of psychodiagnostics and personality psychology. Having a critical look on these issues, the thesis provides a contribution to the development of the employee data protection as it has been announced by the legislator and as it may be aspected in the course of the fothcoming legal amendment of the data protection according to the European General Data Protection Regulation.
keywordsAnforderungsprofil Beschäftigtendatenschutz E-Recruiting Fragerecht des Arbeitgebers Informationelle Selbstbestimmung Novellierung Datenschutz Persönlichkeitstest Personalauswahl Psychodiagnostik Psychologischer Test § 32 BDSG
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