Poland: Landmark ruling on legitimate interests
Poland’s Supreme Administrative Court upholds employers’ right to retain rejected applicants’ data for defence against potential discrimination claims. By Xawery Konarski and Mateusz Kupiec of Traple Konarski Podrecki & Partners, Poland.
The Polish Supreme Administrative Court issued a landmark ruling on 20 February 2024 (case no III OSK 2700/22), affirming that employers can lawfully retain personal data of rejected job applicants based on their legitimate interest in defending against potential discrimination claims. This decision provides significant guidance on the interpretation of Article 6(1)(f) of the General Data Protection Regulation (GDPR) concerning the lawful grounds for processing personal data after the conclusion of a recruitment process.
Background
The case originated from a complaint filed by Ms. M.K. to the President of the Polish Data Protection Authority (Polish DPA). Ms. M.K. alleged that A.D.C.P. Sp. z o.o., a company based in G., unlawfully processed her personal data by failing to delete it after the recruitment process concluded and her application was rejected. She also claimed that the company had improperly fulfilled its information obligations under Articles 13 and 15 of the GDPR during the recruitment process.
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