Labour law updates and recommendations 2022

Verification of a candidate’s / employee’s criminal record in the financial sector

In general, Polish law limits the scope of data that employers are allowed to process, i.e. there is a specific catalogue of personal data that may be collected and processed during the recruitment process and during the period of employment. This catalogue does not include information about the criminal record of a given candidate/employee, so the conducting of such screening may be deemed an infringement of data protection law.

Nevertheless, there are some specific statutory provisions that authorise an employer to collect such information. A new law has recently been passed according to which employers from the financial sector (banks, financial institutions, etc.) have the right to request information on the criminal record of candidates for employment in particular if they are to be employed in positions with access to legally protected information or if they will be making decisions connected with a high risk of loss of property or significant damage to the employer or to a third party. Importantly, this right is limited as financial institutions are entitled to request information only about a specific catalogue of crimes which may constitute a reason why a given individual should not be employed in a given position.