From May 25, 2018 the Labour Code in Poland provides for the possibility of introducing two basic forms of employee monitoring in certain situations – video monitoring (CCTV) and control of business e-mail. Monitoring will also be allowed in other forms (e.g. GPS, instant messaging services, personal searches) if certain prerequisites are met.
For each of the acceptable forms of monitoring, its objectives, scope and method of application should be established. These arrangements are made in a collective bargaining agreement or work regulations (if applicable) or in a relevant notice. In the case of trade unions, amending the collective bargaining agreement or work regulations to adapt it to the new provisions on monitoring will require cooperation with the trade unions.
Keeping secret information which might expose the employer to detriment if disclosed was not included among the prerequisites for the control of business e-mail. This raises doubts, because e-mail is often the way an employer's business secrets are disclosed to third parties.
Adaptation to the new regulations may require changes not only in the employer's internal documentation, but also in the way monitoring is carried out (including additional information obligations and a limited retention period for recordings).
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