The limits of employers’ right to collect employees’ and job applicants’ personal data under Polish labour law Cover Image

Granice uprawnienia pracodawcy do zbierania danych osobowych pracownika lub osoby ubiegającej się o pracę
The limits of employers’ right to collect employees’ and job applicants’ personal data under Polish labour law

Author(s): Agata Wołyniec
Subject(s): Civil Law
Published by: Krajowa Izba Radców Prawnych
Keywords: labour law; personal data of an employee; personal data of a job applicant; employees’ personal data protection; job applicants’ personal data protection

Summary/Abstract: The Polish Labour Code regulates limits of employers’ right to collect employees’ and job applicants’ personal data. In article 221 of the Polish Labour Code, the legislators specified the type of personal data employers may demand from employees or job applicants (during recruitment). The aforementioned catalogue is fixed in order to protect the sphere of the private life of employees and job applicants and to prevent or hamper discrimination (by employers) against those persons on the basis of any criteria prohibited under Polish labour law. Many employers and some representatives of the legal doctrine espouse a belief that the catalogue of collectable data on employees and job applicants should be broadened to accommodate transformations in the labour market (especially the use of modern methods and tools in the recruitment process), the needs and interests of employers, and also the privacy of employees (job applicants).

  • Issue Year: 2015
  • Issue No: 3
  • Page Range: 133-148
  • Page Count: 16
  • Language: Polish
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