Online transmission during a PIP inspection — when the inspector may demand it

Content of the power

Art. 23 ust. 1 pkt 2a of the Act of 13 April 2007 on the National Labour Inspectorate (Państwowa Inspekcja Pracy, PIP) allows the inspector to demand an online transmission using available technical devices enabling telecommunications transmission, in particular devices enabling two-way communication, allowing the reception of image or image and sound in real time between participants in the inspection activity.

The legislator made this subject to two conditions stated directly in the provision: the demand is permissible in justified cases and provided it is not contrary to the purpose of the inspection.

The transmission may serve three different activities: the inspection of documents, the hearing of a party and the examination of the inspected entity. The distinction has practical significance — an examination concerns evidence recorded in the inspection file, not a working conversation.

Can you refuse

The provision constructs an inspector's demand, not a proposal. Hindering the activities of the National Labour Inspectorate, in particular preventing an inspection of the workplace or failing to provide information necessary for the performance of its tasks, is an offence under art. 283 § 2 pkt 8 of the Labour Code (Kodeks pracy).

The employer may, however, request clarification of which documents and which persons the transmission is to concern, and agree on a date allowing the material to be prepared. Unlimited live access to the company does not fit within a provision that ties the transmission to specific inspection activities.

Data protection during the transmission

Conducting an inspection or individual inspection activities remotely takes place — in accordance with art. 26 ust. 8 of the PIP Act — using technical and organisational measures ensuring an appropriate level of security in ICT systems, including the confidentiality, availability and integrity of data transmission, using cryptographic mechanisms in a manner adequate to the threats or to the requirements of the law. This is the authority's obligation.

On the employer's side, the principle of minimisation remains. The shared image should cover the documents within the scope of the inspection. Sharing an entire desktop, an open mailbox or a list of all employees goes beyond the activity the demand concerns and creates a separate risk in the area of personal data protection.

Practice in a company employing foreigners

In an inspection of the legality of employment, the transmission most often concerns one set: residence document — basis for performing work — contract — social insurance registration. It is worth preparing it separately for each person, in a single folder labelled with the surname, instead of opening the collective HR database.

Before the activity, determine who participates on the company's side, who takes notes and which documents will be shown. After the activity, keep the list of materials provided — it will be needed for the inspection protocol and for reservations to the protocol.

The scope of the inspector's demands remains the same as in an on-site inspection: personal files and documents related to the performance of work by employees and persons providing work on a basis other than an employment relationship, also in electronic form. The channel changes, not the scope.