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It is therefore recommendd that consent should not be usd 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 by the employee voluntarily. Importantly, according to the position of the Supreme Administrative Court, the use of biometric data to control the working time of employees is disproportionate to the intendd purpose of their processing (cf. the judgment of the Supreme.

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Administrative Court Therefore, even the employee’s voluntarily. Consent to the processing of his biometric data will not be database seen as. A valid legal basis for the processing of his biometric data for time recording purposes. An inseparable element of obtaining consent is also the ned to inform the employee about the possibility of withdrawing consent at any time. ad. 2 The ned to provide access control The employer may process biometric data on the basis of the provisions of the Labor Code – when there is an objective ned to ensure access control to information that is particularly.


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Important for the employer, the disclosure of. Which may expose the employer to damage. And – when it is necessary to provide Mailing Lead access to rooms in the. Workplace that require special protection. Requirements for the legality of processing employee. Biometric data In connection with. The processing of biometric data, the employer should remember about. Meeting the basic principles of personal data processing under art. 5 GDPR, including principles of lawfulness of processing, data minimization and integrity and confidentiality of processing.

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