The president of the Polish data protection authority (UODO) has requested the Ministry of Labour, Family and Social Policy to develop new regulations aimed at preventing discrimination against candidates and employees resulting from the use of artificial intelligence.

Faced with the increasing use of such tools in recruitment processes, which process personal data on a large scale, including special categories, the authority highlights the risk of perpetuating existing biases in training data. These systems may also analyze information beyond the scope defined by Article 221 of the Polish Labour Code. The GDPR allows for the introduction of additional safeguards in national labour law to regulate decisions based solely on automated processing.

The authority recalls that the Artificial Intelligence Act (AI Act) classifies AI tools used for recruitment as high-risk systems, imposing strict requirements. These include transparency, human oversight, cybersecurity, as well as the obligation to conduct a fundamental rights impact assessment, in addition to the data protection impact assessment. Any new legislation authorizing these systems should transpose these safeguards, clearly define the purposes of the processing, the identity of the controller, and the rights of data subjects. The president of the UODO has offered his expertise to ensure the compliance of future provisions with the GDPR.