Both the mere possibility of interfering with the health of employees by asking about their health, checking their temperature, or asking for what reason an employee goes to the doctor and whether it is related to a suspected coronavirus, and the processing of such employee data is possible under Article 9(2)(i). i of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free flow of such data and the repeal of Directive 95/46/EC, commonly referred to as RODO,” says Maciej Gawronski, legal counsel, managing partner of Gawronski & Partners. In the article by editor Grażyna Leśniak on law.pl
Let’s add that such options for employers do not arise directly from the special law. A decision from the provincial sanitary inspector would be needed, which the employer can apply for. However, as Lubasz and Partners lawyers aptly note in their article: https://www.lubasziwspolnicy.pl/pomiar-temperatury-ciala-pracownikow-a-rodo/, while awaiting the decision, the employer can invoke health and safety considerations under the Labor Code.
