Currently, Polish law does not provide for any possibility for the employer to inquire into the issue of vaccination of employees against COVID-19. Vaccination as medical information is protected under the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / WE (hereinafter referred to as the GDPR). Art. 9 sec. 1 GDPR prohibits the processing of health data.
Of course, the employer may ask the employee to provide information about his vaccination, but the employee’s response to such a request is the responsibility of the employee’s good will and not a legal obligation. As the employee is not obliged to answer the employer’s questions about vaccinations, refusal to do so may not have negative consequences for the employee.
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