How to Monitor Employees But Protect Employee Privacy?
How to Monitor Employees But Protect Employee Privacy?

Summary/Abstract: A significant expansion in the use of the most varied means of monitoring employees in the workplace, which creates a conflict between the employees' right to privacy and the employers’ right to protect their property, is a highly relevant issue from labour law perspective. Employee monitoring often interferes with several rights and freedoms of individuals, especially those related to the right to privacy, the right to the protection of personal data and the right to the privacy of correspondence and telecommunications. However, the legal environment in which monitoring employees as well as recording their (personal) data is conducted varies depending on the monitoring method used. It is essential to distinguish between the various forms of monitoring that are governed by different labour law provisions in order to prevent an unlawful invasion of an employee’s privacy, and to avoid the imposition of sanctions by supervisory authorities or through judicial proceedings. Given the broad nature of the issue of employee monitoring, its private legal aspects will be discussed here mainly from the perspective of labour law.

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