According to a ruling by the Ninth Senate of September 12, 2006 ( 9 AZR 271/06 ), it is a legitimate concern of the employer that the personnel files he maintains are complete. The personnel file should provide as complete information as possible about the employee and his or her professional career. In principle, the employer also has an overriding interest in collecting information about the employee’s personality and health that is relevant to the employment relationship for the purpose of legitimate later use. In principle, the employer also has an overriding interest in collecting information about the employee’s personality and health that is relevant to the employment relationship for the purpose of legitimate later use. Such illnesses can justify dismissal of the employee due to illness if the prognosis for the future is negative. However, the employer’s legitimate interest in retaining such information does not automatically include the right to keep it unprotected in the personnel file. The unprotected storage of health data in the personnel file is contrary to the general personal rights of the employee guaranteed by Article 1 of the Basic Law and Article 2 of the Basic Law. It protects against the collection and distribution of findings about the state of health, mental state and character. The employee is entitled to have any impairment of his personal rights eliminated in accordance with. § 12, § 862, § 1004 BGB. The employer is therefore obliged to store sensitive data about the employee in a special manner. They must be protected against accidental knowledge. The group of people authorized to receive information must be limited. The employer’s rights to freedom of occupation in accordance with Art. 12 para. 1 GG and freedom of expression in accordance with. Art. 5 para. 1 Sentence 1 GG are not unduly impaired by these requirements. The personnel file remains complete. In principle, the employer has to decide for himself how he guarantees the protection of sensitive personnel data. If this provision is omitted, it follows the legal principles in Sections 316 and 264 Para. 2 Sentence 2 BGB to the employee.