If a phone is provided with fingerprint unlock, does the employer process biometric data?
ANSWER
Business devices are the property of the employer, who is responsible for them and, on the terms described in the organisation's documentation, such as rules for use of business devices, has access to them.
If, in the performance of their duties, an employee has access to company data requiring special protection, e.g. confidential information or information covered by business secrecy, the employer has the right to require the employee to use biometric device unlock where specially protected data will be stored on entrusted devices. The legal basis for such processing will then be Article 221 § 2 of the Labour Code in conjunction with Article 9(2)(b) and Article 6(1)(f) GDPR.
