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For „Rzeczpospolita” daily on collection of employees’ personal data, 13 January 2010

There is a need for a debate on the types of employees’ and job applicants’ personal data which can be processed by employers – believes Michał Serzycki, GIODO.

He talked about it during the interview given to Izabela Rakowska-Boroń from „Rzeczpospolita” daily. The interview was devoted to the provisions regulating the processing of employees’ and job applicants’ personal data by employers.

The journalist was in particular interested in the fact whether in GIODO’s view the existing labour law did not correspond to the employers’ needs on one hand, and poorly protected the employees’ right to privacy on the other one.

Michał Serzycki emphasised that although mainly the provisions of the labour law specified which data of employees and job applicants could be processed by employers, the latter were still obliged to observe the general rules provided for in the Act on Personal Data Protection. – I believe that the scope of data collected by employers is inadequate to the needs currently dictated by the labour market in connection with civilization development – he said. – The binding legal provisions allow employers to collect data and employees or job applicants – to give them, and thus cause serious interpretation difficulties, which in consequence leads to ignoring or even circumventing these provisions in their application in practice – he explained.

As examples he quoted conducting psychological tests, using biometric data for working time record, collecting information on employees and job applicants be means of social networking sites.

- I think there is a need first for a debate, and then for such a change of binding labour law provisions, so as to update the catalogue of employees’ and job applicants’ data which can be processed by employers, and at the same time ensure the protection of subordinates’ and job applicants’ rights – stated Michał Serzycki.