Law note · Czechia
GDPR Article 9, Special Categories Including Biometric Data
General Data Protection Regulation (GDPR) Article 9(1) treats biometric data processed for unique identification as a special category, prohibited absent an Article 9(2) ground. A direct read of Act 110/2019 found no biometric-specific provision narrowing or elaborating this, consistent with two independent commentary sources describing no distinct Czech biometric restriction beyond the general EU-law enabling clause.
General employee monitoring sits in the Labour Code (zakonik prace, Act No. 262/2006 Coll.), but this session did not read that Act's text directly and found no specific employment-biometric consent or works-council provision in commentary; this is a genuine gap, not a confirmed absence.
What it asks of an app
- Obtain an explicit General Data Protection Regulation (GDPR) Article 9(2) legal basis before processing biometric, health, or other special-category personal data of a person in Czechia; Act 110/2019 supplies no separate Czech basis.
When LexLint raises it
Declared activities: processes_biometrics, processes_voice, high_risk_decisions
Primary source: UOOU, Act 110/2019 (direct read, no biometric provision found)
CMS and DLA Piper commentary (corroborating negative finding)