Abstract
<p>Given the growing popularity of biometrics, doubts about the conditions for biometric data processing can be noticed in practice. These inaccuracies take place in various areas of law, including labour law. This article provides a theoretical discussion on the processing of special categories of data. It aims to point to the need for appropriate legal regulations to ensure the security of the processing of biometric data of employees and candidate employees. The article starts with clarifying the concept of biometric data and discusses the practical aspects of the use of biometric tools. Further on, the author analyses the legal regulations concerning the processing of biometric data in the relations between the employer as the personal data controller and the employee as the data subject. As a result of the studies carried out, a position was presented which indicates that the employer who processes biometric data of employees and candidates for employment should always find out whether he has legal justification to process the data in question. This article is one of the few studies on the processing of biometric data in Polish literature on the subject. The main purpose hereof is to present situations under the current legislation, in which the employer can process biometric data of its employees. The article is a form of universal presentation of the problem and may be of interest especially to legal practitioners.</p>
Highlights
Verification and identification of persons using cards, codes or PINs is becoming less and less popular
M Given the growing popularity of biometrics, doubts about the conditions for biometric data processing can be noticed in practice
It aims to point to the need for appropriate legal regulations to ensure the security of the processing of biometric data of employees and candidate employees
Summary
Verification and identification of persons using cards, codes or PINs is becoming less and less popular This is mainly due to the development of new technologies using biometric techniques. In view of the growing trend in the use of biometric solutions, the need to regulate the processing of employee biometric data has become unavoidable. Employers, each time they use personal data of their employees, should be aware of the legal consequences resulting from the unlawful processing of personal data. An analysis of legal regulations on the processing of biometric data in relations between the employer as the personal data controller and the employee as the subject whose data are pro-. U cessed leads to the conclusion that the employer should each time determine whether he meets the legal prerequisite to make the processing of the data in question lawful
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