Polygraph Examination of an Employee — What is Allowed for the Employer?

In brief: an employer cannot force an employee to take a polygraph examination. They can ask for it; the employee can refuse. Below, we explain what the labor law and RODO say and what a responsible company should do instead of exerting pressure.

Informational material, does not constitute legal advice.

Basic Principle: Voluntariness

A polygraph examination requires the genuine, informed consent of the person being examined. „Genuine” is the key word here — consent obtained under the threat of job loss is not voluntary, and authorities and courts understand this well.

Labor Code: Closed Catalog of Data

Article 22¹ of the Labor Code defines a closed catalog of data that an employer can request from an employee and a job candidate (including name, surname, education, employment history). The results of a physiological examination are not included in this catalog. Additionally, there is RODO: health data and biometric data are a special category of data, subject to enhanced protection.

In practice, this means that a „mandatory” examination of the entire staff as a loyalty test is legally indefensible.

Exception: State Services

The situation looks different for services that conduct verification procedures based on separate regulations. This is a statutory exception that an ordinary employer does not have — it should not be transferred to relationships in a private company. More on the legal limits in the text is a polygraph a piece of evidence in court.

When a Polygraph Examination in a Company Makes Sense (and is Legal)

A voluntary examination can help resolve a specific case — an established theft, a leak of specific information — without casting a shadow of suspicion on the entire team. Conditions:

• full voluntariness and informed, written consent,
• a specific, narrowly defined subject of the examination,
• respect for the dignity of the employee and the principles of RODO,
• no negative consequences for refusing.

This is how we conduct polygraph examinations for companies — as an element of internal proceedings, never as coercion. We discuss the reliability of the method in the article how reliable is a polygraph.

Legal Alternatives for the Employer

A polygraph does not replace a procedure. Healthy explanatory proceedings are based on an organized internal audit, documentary evidence and monitoring (in accordance with the law), financial analysis, and — where it is truly voluntary — on an examination as one of the auxiliary elements. When the case goes to court, knowledge of how a polygraph works in court proceedings comes in handy.

If You are an Employee

• You can refuse. Refusal is not evidence of guilt.
• You have the right to know the questions in advance and to know how your data will be processed.
• If you feel pressured, ask for a written request and consider consulting a lawyer or a trade union.

Frequently Asked Questions