The answer is unlikely to be surprising – it depends. In general, all data which the employer receives from the employee are used mainly for the proper functioning of the company. The provision of data to the Police is justified when it is related to the currently conducted proceedings.
The principles of transfer of the employees' data may be different, when the data are requested by different public bodies. What to do when the Police wants employees’ data from the employer? What should the employer do in this case?
When receiving a request (which the Police may send either in the traditional form of a letter or electronically to the employer’s e-mail address), it is important to ensure that:
- it contains the legal basis of the request,
- the request is justified.
If so, the employer must provide the Police with the employees' data.
Tip! It is a good practice, which additionally secures the interests of the employer, to draw up a protocol on the disclosure of data, in which you indicate:
- the scope of data,
- the requesting authority,
- the legal basis indicated by the Police,
- the data of the police officer who requested the disclosure,
- and the signatures of both parties are indicated.
In such a situation, often arises the next question whether I have to inform the employees about the transfer of their data to the Police? This time the answer is simpler – no. The employer does not have to inform the employees about the fact that their personal data has been made available to the Police or about the scope of the information provided.
Author: Aleksandra Hajdukiewicz, associate, Trainee Attorney-at-Law at Kołecka Law Firm