Boundaries of the employee's privacy in employment relationship

Vilius Mačiulaitis ()
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Vilius Mačiulaitis: Mykolas Romeris University, Lithuania

Entrepreneurship and Sustainability Issues, 2023, vol. 10, issue 3, 186-198

Abstract: This article analyses the specifics of implementing employee privacy obligations in employment relationships. In employment relations, the employer has a general duty to make the employee aware of the local legislation governing his or her work. In this context, there is a clash between two legally protected interests: on the one hand, the employer's interest in protecting the business, ensuring business processes, the security of assets and the health and safety of employees, and on the other hand, the obligation not to infringe the employee's right to privacy. Technical means of monitoring employees are one of the simplest ways of collecting data and Information. At the same time, the question of proportionality of using such means is raised - whether all the Information collected by automated means is necessary to justify the specific purpose of data collection. Collecting data solely for personal interest without setting strict rules on the collection of Information and the limits of the Information collected restricts an employee's right to privacy. An employer is not entitled to collect data (monitoring) to control an employee's work process or behaviour but may record specific data if necessary to protect production, health and safety or to ensure the efficient running of an organisation. However, even in such cases, the employer must take additional measures to minimise such monitoring or evaluate its results as much as possible. The author analyses the problem in the context of the employment relationship, and through the implementation of the employer's obligation to establish specific local rules and the commitment to make the employee aware of those rules (transparency principle).

Keywords: employees' right to privacy; local regulation; limits to the right to privacy; balancing the interests of the employer and employee (search for similar items in EconPapers)
JEL-codes: K12 K24 K31 (search for similar items in EconPapers)
Date: 2023
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Persistent link: https://EconPapers.repec.org/RePEc:ssi:jouesi:v:10:y:2023:i:3:p:186-198

DOI: 10.9770/jesi.2023.10.3(13)

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