What about psychological tests carried out during employment?

ANSWER

If carrying out psychological tests would involve processing special category data, the legal bases for processing should be sought in Article 9(2) GDPR. Under Article 9 GDPR, sensitive data, in particular health data, may be processed by the controller only where it has one of the bases listed in Article 9(2) GDPR. Having regard to that provision, the employer could base processing of such data only on the employee's explicit consent, which carries significant risk given the allegation of lack of voluntariness and could as a rule apply only in the case of collaborators to whom the Labour Code does not apply (as explained further in the answer). The employer could therefore process such data only where this is necessary for the employer or the data subject for the fulfilment of obligations and the exercise of specific rights in the field of employment law. It should therefore be stated that an employer processing special category data in connection with conducting a psychological/personality test bears a very high risk of unlawful processing.

I would also point out that the explicit consent referred to above will be all the more risky in the case of employees hired under an employment contract. As indicated in question 2 above, as regards employees, the Labour Code provides that consent to the processing of sensitive data should be given on the employee's own initiative.

In summary: obtaining consent to such a test will therefore be very risky in the case of a collaborator, given the allegation of lack of voluntariness, and in the case of an employee — additionally given the provisions of the Labour Code.