Commentary to the judgment of the European Court of Human Rights of 17 October 2019 in the case of López Ribalda and others vs. Spain, application numbers 1874/13 and 8567/13 Cover Image

Glosa do wyroku Europejskiego Trybunału Praw Człowieka z 17 października 2019 r. w sprawie López Ribalda i inni vs. Hiszpania, nr skarg 1874/13 i 8567/13
Commentary to the judgment of the European Court of Human Rights of 17 October 2019 in the case of López Ribalda and others vs. Spain, application numbers 1874/13 and 8567/13

Author(s): Jacek Widło
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation
Published by: Kancelaria Sejmu
Keywords: right to respect for private life;hidden video surveillance at the workplace; dismissal on disciplinary grounds with immediate effect

Summary/Abstract: On 17 October 2019, the Grand Chamber of the European Court of Human Rights overturned the judgment made in the case of López Ribalda and others vs. Spain. It found that there has been no violation of Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms when a supermarket — suspecting theft — used hidden CCTV cameras to record employees in the workplace. The commentary to the judgment contains the authors’ re ections on how the Grand Chamber failed to strike a fair balance between the applicants’ right to respect for their private life and the employer’s interest in the protection of its property rights. Moreover, the commentary pays attention to Articles 222 and 223 of the Labour Code, and considers whether amendments are required under Polish law.

  • Issue Year: 2020
  • Issue No: 3
  • Page Range: 255-262
  • Page Count: 8
  • Language: English, Polish