flash news - Labour and employment law

The Regional Administrative Court in Warsaw on 4 August 2022, ref. no. II SA/Wa 542/22, revoked the decision of the President of the Personal Data Protection Office (UODO) by which an employer was admonished for unjustified processing of a candidate's data after the end of recruitment.

The judgment is not final in law. Even though the judgment was issued in a specific case, the position expressed therein could have a significant effect on recruitment and the application of data protection regulations. The view presented in the judgment, if the judgement is upheld, could give reason to assume that the jurisprudence, and practice of the supervisory authority in this regard, will become established and be that the retention of a candidates' data is also permissible for the period of statutory limitation, after recruitment has been completed, for purposes related to possible claims for unequal treatment / discrimination.