
The collection of biometric data, e.g. fingerprints, is admissible only when allowed by special legal provisions – states Michał Serzycki, GIODO.
Replying to the question asked by Adam Krzykowski from „Panorama” (Polish television station’s news programme), who and when could collect our fingerprints, GIODO said that the issue was regulated by special provisions related to the Act on Personal Data Protection. And so, biometric data can be collected e.g. in order to have a passport made or to ensure security in particularly important areas (such as rooms in banks where safes are located). However, these data shall not be used for example for keeping working time records by employers or for control of persons entering a building by schools. – For it would violate the adequacy principle provided for in the Act on Personal Data Protection, according to which the data controller shall not collect excessive personal data, but only those which are necessary to realise the objectives. And the objective, such as working time record or verification of persons entering a building, can be attained in another way or by means of other techniques, e.g. by introducing magnetic cards – believes Michał Serzycki, the Inspector General for Personal Data Protection. GIODO’s standpoint on inadmissibility of collection of employees’ biometric data for the purpose of working time record with employees’ consent has been recently confirmed by the Supreme Administrative Court in its judgment of 1 December 2009 (ref. no. 249/09).