Pursuant to Article 88 GDPR, Member States may introduce more specific provisions to ensure the protection of rights and freedoms when personal data is processed in the context of employment. Poland has made use of this possibility, therefore, when analysing the issues of personal data processing in the employment context, it is necessary to take into account not only the GDPR provisions, but also the provisions of labour law, in particular the Labour Code or the Act on the Workplace Social Benefits Fund (WSBF).
Specific provisions on the protection of personal data in employment
Article 88 GDPR allows Member States to introduce more specific provisions to ensure the protection of rights and freedoms when processing personnel’s personal data in connection with employment, in particular for the purposes of:
Recruitment
Execution of the employment contract, including performance of obligations laid down in legislation or collective agreements
Work management, planning and organisation
Equality and diversity in the workplace
Health and safety at work
Protection of the employer's or customer's property
Individual or collective exercise of rights and enjoyment of employment-related benefits
Termination of the employment relationship
This legislation requires that the said provisions contain appropriate and specific measures to ensure that the dignity, legitimate interests and fundamental rights of the data subject are respected, in particular in terms of transparency of processing, transfer of personal data within a group of undertakings or a group of entrepreneurs carrying out joint economic activities, and monitoring systems in the workplace.
Has Poland introduced such legislation?
Poland has introduced a number of relevant provisions, concerning, for example:
The scope of personal data that an employer is entitled to request from a job applicant or employee
Monitoring used in the workplace (CCTV and other types)
Processing of employees' biometric data
Processing of personal data in relation to an employee's sobriety check
Processing of personal data in connection with remote working
Processing of personal data of persons entitled to benefit from the WSBF
Read more
We write on an ongoing basis about personal data processing in the context of HR on HRlaw.pl. We have already covered the following issues:
Commentary to Article 88
Processing in the employment context
Specific provisions on the protection of personal data in employment
Article 88 GDPR allows Member States to introduce more specific provisions to ensure the protection of rights and freedoms when processing personnel’s personal data in connection with employment, in particular for the purposes of:
This legislation requires that the said provisions contain appropriate and specific measures to ensure that the dignity, legitimate interests and fundamental rights of the data subject are respected, in particular in terms of transparency of processing, transfer of personal data within a group of undertakings or a group of entrepreneurs carrying out joint economic activities, and monitoring systems in the workplace.
Has Poland introduced such legislation?
Poland has introduced a number of relevant provisions, concerning, for example:
Read more
We write on an ongoing basis about personal data processing in the context of HR on HRlaw.pl. We have already covered the following issues:
Can an employer process an employee's private contact data?
Care leave - documentation required from the employer
Exit interviews and regulations on the processing of personal data
Remote work vs. personal data processing
Is the employer entitled to request employee disability information?
When will employers use employees' fingerprints?
Annual review of personal data processed for the purposes of the Workplace Social Benefits Fund