In a personal questionnaire, can an employer process personal data relating to citizenship?

ANSWER

Personal data relating to citizenship are not classified as special category personal data within the meaning of Article 9(1) GDPR. Citizenship is a person's status resulting from being a citizen of a specific state. The rules on acquiring or losing Polish citizenship are set out in the Act of 2 April 2009 on Polish citizenship. Personal data relating to citizenship should not be equated with data revealing racial or ethnic origin, as these are concepts of a different meaning. Personal data relating to citizenship should be regarded as ordinary personal data. An employer is entitled to request a job applicant to provide the personal data listed in detail in Article 22¹ §§ 1–3 of the Labour Code. Within the catalogue of personal data set out in that provision, there is no mention of information relating to citizenship.

Nevertheless, Article 22¹ § 4 of the Labour Code provides that the employer may request other personal data than those specified in §§ 1 and 3 where this is necessary to exercise a right or fulfil an obligation arising from a provision of law. If, therefore, the employer considers that such information is necessary to exercise a right vis-à-vis a job applicant/employee or is necessary to fulfil an obligation arising from a provision of law, it may process such personal data.