Processing of employees’ personal data in the framework of so-called other forms of monitoring

Abstract

The widespread availability of new technologies allows employers to use types of employee activity monitoring that were previously non-existent in the work environment. Moreover, the popularization of remote work, in conjunction with the appearance of a new regulation in the Labor Code, naturally increases the employers’ interest in the processing of data on employee online activity as well as location data. Technologies used in the context of other forms of monitoring, on the one hand, can be very effective in detecting violations of employee duties, protecting confidential information, in increasing the efficiency of work, but on the other hand, they pose serious risks to the protection of privacy and personal data. This is because digital data analysis applications can operate unnoticed by device users, thus posing greater threats to their privacy than, for example, CCTV cameras. Therefore, a re-examination of the data protection impact assessment and a careful analysis of the measures taken, taking into account the principles under both the Labor Code and the RODO, is warranted. Employers’ use of data obtained in a non-compliant manner could face serious legal consequences.