Can monitoring biometrics be used to calculate working time?

ANSWER

No. At present, there are no provisions in Polish law that would directly allow an employer to use biometric solutions to measure employees' working time. It should be borne in mind that biometric data fall within the catalogue of so-called sensitive data. Using them to control employees' working time remains disproportionate to the intended purpose of their processing and may be considered inconsistent with the data minimisation principle.

Under the Labour Code, an employer may process employees' biometric data for the purpose of controlling access to particularly important information whose disclosure could expose the employer to damage, or access to rooms requiring special protection.