Polish Ombudsman raises concerns about mandatory use of private accounts for official e-deliveries, citing privacy violations and employee rights.
Fourth Request From Ombudsman
A letter with the same content was sent on January 30th by Deputy Ombudsman for Citizen Rights Stanisław Trociuk to Deputy Minister of Digitization Paweł Olszewski, but as reported – the ministry has not yet responded. Monday’s letter marks the fourth request sent by the Ombudsman to representatives of the Ministry of Digitization on this matter.
Citizen Complaints and Constitutional Concerns
As Wiącek pointed out, the Office of the Ombudsman for Citizen Rights has received complaints from citizens regarding the potential violation of the right to privacy and the right to personal data protection, as contained in the Constitution of the Republic of Poland, in connection with the use of private electronic tools for work purposes.
Employees in the public sector (including local government employees, civil servants, social workers, healthcare workers) and persons employed in non-public organizations other than companies (e.g., in foundations, private schools) are required to use Trusted Profile, mCitizen, or electronic banking when setting up mailboxes for e-Deliveries.
Employee Privacy Concerns
The Ombudsman for Citizen Rights reported that employees have doubts due to the lack of a clear legal basis for demanding the use of private electronic tools for work purposes. They also drew attention to the risk of uncontrolled data leakage from private accounts and devices, including personal data.
In their opinion, this violates the principle of separation between private and professional spheres, and there is a lack of appropriate data protection on private devices. Concerns are also raised about the inability to refuse without negative consequences from the employer.
Protection Against Employer Retaliation
Wiącek emphasized that an employee’s lack of consent to use a private profile for work purposes or withdrawal of such consent cannot be a basis for unfavorable treatment of that person or a job applicant. “It also cannot cause any negative consequences. It especially cannot be a reason for refusal of employment, termination of an employment contract, or termination without notice by the employer,” emphasized the Ombudsman.
System Modernization Plans
The Ombudsman for Citizen Rights drew attention to the fact that the Ministry of Digitization announced last year that an extensive amendment to the Electronic Deliveries Act is planned for 2025, which aims to streamline this system. The Ombudsman therefore wants to learn about the status of work on the amendment in the context of the problems discussed.
What Are E-Deliveries?
E-Deliveries are the electronic equivalent of traditional postal items with confirmation of receipt, which is intended to facilitate the exchange of correspondence between public institutions, entrepreneurs, and citizens. E-Deliveries were introduced in 2020 by the Electronic Deliveries Act.
Since January 1, 2025, they have become mandatory for most public institutions, persons performing public trust professions, and companies registering in the KRS. From October 1, 2026, e-Deliveries will become mandatory for all companies registered in CEIDG by December 31, 2024. Local government units, courts, tribunals, bailiffs, the prosecutor’s office, law enforcement agencies, and the Prison Service will have time to implement e-Deliveries by October 2029.
