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Dr hab. Agnieszka Górnicz-Mulcahy
ORCID: 0000-0003-1767-4709

Assistant Professor at the Department of Labour Law at the Faculty of Law, Administration and Economics of the University of Wrocław. Dr hab. Górnicz-Mulcahy also works as an assistant to a Supreme Court judge at the Chamber of Labour and Social Insurance. Her main research interests are issues of individual labour law, employee law of inventive creativity, and employment relations in the public sphere.

 
Consent of employees (applicants) as the basis for processing the personal data in the absence of an equivalent position of the parties , s. 35-42
DOI: 10.33226/0032-6186.2023.5.6
JEL: K31
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Consent of employees (applicants) as the basis for processing the personal data in the absence of an equivalent position of the parties

The main purpose of the paper is to present the risks associated with the use of consent as a basis for the processing of personal data of an employee (applicant) in the context of the asymmetrical relationship between the parties to an employment relationship, also from the perspective of possible consequences for the employee. The paper indicates that the absence of a definition of consent in the Labour Code as well as an explicit indication that it can be used exceptionally as a basis for the processing of personal means that these provisions do not perform the protective function of labour law.

Keywords: employee consent; personal data; personal data processing; party imbalance