Amendments to the Polish Labour Code in force since May 2019 resolved the existing doubts as to the admissibility of obtaining employees’ consent to processing of their personal data by employers.
Before, the courts had held quite clearly that if an employee’s consent to processing of his personal data were considered a circumstance legalising the gathering of personal data from an employee other than those specified in Art. 221 of the Labour Code, that would constitute a breach of that provision and a circumvention of the law (Supreme Administrative Court judgments of 1 December 2009, case no. I OSK 249/09, and 6 September 2011, case no. I OSK 1476/10). Therefore, as a rule, obtaining personal data other than those indicated in Art. 221 of the Labour Code based on the employee’s consent was deemed inadmissible.Continue reading “Employees’ consent to processing of their personal data by the employer”