New EU regulations on personal data protection (RODO) imposes amendments to the Polish Labor Code.
A new draft of legislation published by the Ministry of Digitization, which introduces the upcoming Personal Data Protection Act, foresees changes to article 221 of the Labor Code and provides additional articles 222 – 224. According to the proposed draft, employers will no longer be able to demand the employee candidate’s parents’ names and address of his / her residence (it will be replaced by a correspondence address). However, the scope of the information obtainable widens concerning email addresses and phone numbers. It is clear that the proposed changes seek to legitimize employment market practices, as such information was customarily made available by candidates in their CVs.
The proposed amendments to the Labor Code also introduces an obligation for the employer to obtain appropriate approvals (in a paper or electronic form) regarding the storage of mentioned employee contact data. Moreover, from now on, it will be strictly forbidden to store data relating to the human intimate sphere. However, the draft only includes information connected with addictions, health conditions; about sexuality or sexual orientation.
The novelty is a long sought-after provision to collect biometric data of employees (especially in the context of security measures in the workplace, e.g. fingerprints). In this case, however, the employee’s consent will also be required.
According to the new article 224, to ensure the safety of an employee or the protection of property or the confidentiality of information the disclosure of which could expose the employer to detriment, the employer may introduce, at the place of work or in the premises of the establishment, monitoring, provided that it does not constitute means of controlling the employees’ performance. Monitoring may not cover rooms that are not intended for work, in particular sanitary facilities, locker rooms, canteens or smoking rooms.
Currently, the Ministry has closed public consultations which lasted until October 13, 2017. Soon, both introducing the Act and the new Personal Data Protection Act should be forwarded to the Polish Parliament.
Draft of legislation is available on the website of the Ministry of Digitization: https://www.gov.pl/cyfryzacja/dokumenty27
