Post by account_disabled on Dec 4, 2023 8:56:35 GMT
Particularly important information the disclosure of which may expose the employer to damage or access to premises at the workplace requiring special protection the legal basis may be b of the Labor Code in connection with joke section letter bi art section letter f GDPR Ad Employee s consent to the processing of biometric data The first premise contains two important elements that must occur simultaneously An employer may process an employee s biometric data only if the employee has consented to it and done so on his or her own initiative The employee s consent must be voluntary specific unambiguous informed and prior The second element of the condition the employee s action on his own initiative.
Complements the consent to the processing b of the Phone Number List Labor Code It is believed that consent in the employer employee relationship is not voluntary due to the existence of a relationship of dependence and subordination An employee may feel pressured to consent to the processing of biometric data fearing negative consequences if consent is refused or withdrawn at a later stage of processing Therefore it is recommended that consent is not used as a legal basis for the processing of an employee s personal data in situations.
Where the employee may feel any pressure from the employer The decision to provide biometric data should be made voluntarily by the employee Importantly according to the position of the Supreme Administrative Court the use of biometric data to control employees working time is disproportionate to the intended purpose of their processing see the judgment of the Supreme Administrative Court of December I OSK Therefore even the employee s voluntary consent to the processing of his biometric data will not be perceived as a valid legal basis for the processing of his biometric data for.
Complements the consent to the processing b of the Phone Number List Labor Code It is believed that consent in the employer employee relationship is not voluntary due to the existence of a relationship of dependence and subordination An employee may feel pressured to consent to the processing of biometric data fearing negative consequences if consent is refused or withdrawn at a later stage of processing Therefore it is recommended that consent is not used as a legal basis for the processing of an employee s personal data in situations.
Where the employee may feel any pressure from the employer The decision to provide biometric data should be made voluntarily by the employee Importantly according to the position of the Supreme Administrative Court the use of biometric data to control employees working time is disproportionate to the intended purpose of their processing see the judgment of the Supreme Administrative Court of December I OSK Therefore even the employee s voluntary consent to the processing of his biometric data will not be perceived as a valid legal basis for the processing of his biometric data for.