The Right to Privacy in Employment: In Search of the European Model of Protection

Otto, Marta

doi:10.1177/201395251500600404

Cited by 3 publications

(1 citation statement)

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“…Thus, the conflict between the employer's duty of care on the one hand, and the protection of the employee's personal sphere, on the other hand, needs to be carefully reconciled when an employer plans to introduce monitoring measures in the workplace. 151 In the light of ECHR, it can be questioned whether temperature checks constitute an adequate and the least intrusive measure to fight the virus. The approach to limiting intrusions into employees privacy also features in the guidelines of some authorities (e.g.…”

Section: Processing Operations With Employee's Data: Example Of Body Temperature Readingsmentioning

confidence: 99%

Processing employees’ personal data during the Covid-19 pandemic

Suder

2020

European Labour Law Journal

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While needing to ensure the health and safety of their employees during the Covid-19 pandemic, employers face many burning data protection questions, including under what conditions they can process employees’ personal data (in particular health data) and whether gathering personal data concerning employees’ medical history, trips and contacts with infected persons, is allowed. This article focuses on issues that are problematic, based on the analysis of guidance issued by the European Data Protection Board, as well as national data protection authorities and practitioners from 20 countries in response to these concerns. The first section of the article analyses concepts of personal data and health data in the context of Covid-19. Then the article proceeds with exploring what possible legal bases employers can use to process employees’ personal data in general, and health data in particular, under the General Data Protection Regulation when applying different measures to combat Covid-19. In the latter part of the article two practical questions raised by employers – concerning the checking of employees’ body temperatures and informing them of possible infection – are discussed. The analysis indicates that national data protection authorities seem to look for a reasonable and pragmatic approach regarding compliance with the GDPR in light of the Covid-19 emergency. However, their guidance differs in several areas and the views in between nation states are not always aligned. A more specific, clear and uniform pan-European vision concerning the processing of employees’ data in times of emergency is needed to better protect employees and limit the spread of the virus.

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Section: Processing Operations With Employee's Data: Example Of Body Temperature Readingsmentioning

confidence: 99%

Processing employees’ personal data during the Covid-19 pandemic

Suder

2020

European Labour Law Journal

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Elektronski nadzor zaposlenih – problem uspostavljanja ravnoteže između ovlašćenja poslodavaca i prava zaposlenih na privatnost

Misailović

2023

Uporednopravni Izazovi U Savremenom Pravu - In Memoriam Dr Stefan Andonović

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The development of the internet and the emergence of modern technologies used at work in the modern age have made it harder to draw the line between the private and business life of an employee. This is especially challenging in the circumstances of the increasingly widespread flexibility of work, which allow work to be done outside the office, that is, remotely. In these circumstances, the employer’s authority to monitor the work of employees and their productivity at work can often encroach on the employee’s private sphere (by controlling the content used by employees at work, monitoring websites and communications with other employees and/or continuous video surveillance, not only in the office, but also by monitoring through cameras on lap-tops that employees use when working remotely. Consequently, national legislation are in need for establishment of adequate boundaries between employers’ authority to control the work of employees and employees’ right to privacy (in the workplace). In the paper, the author points out the positive and negative aspects of electronic monitoring of employees’ work and the necessity of adopting criteria in order to establish a balance between the interests of the employer and the employees right to privacy.

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Labour law in front of digital ecenomy challenges

Jašarević¹,

Božičić²

2021

Zb Pravnog fak Novi Sad

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Digital technologies aren't knocking on our doors, they are already in our homes. They have changed the way how we communicate, travel, how we do our shopping, using cars, listening music… and there are countless examples. But, they have changed the way how we work as well. Digital technologies make work easier, safer and work markets are more accessible. On the other hand, some of us do not enjoy so much in presence of digital technologies because they represent " job killers" or potential for violation on privacy at work. These are just few of challenges for Labour law in new digital era.

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The Right to Privacy in Employment: In Search of the European Model of Protection

Cited by 3 publications

References 0 publications

Processing employees’ personal data during the Covid-19 pandemic

Processing employees’ personal data during the Covid-19 pandemic

Elektronski nadzor zaposlenih – problem uspostavljanja ravnoteže između ovlašćenja poslodavaca i prava zaposlenih na privatnost

Labour law in front of digital ecenomy challenges

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