Libera dezvoltare a personalității umane vs. dreptul angajatorului de a controla activitatea salariatului, în era monitorizării generalizate
Balancing the Free Development of Human Personality and Employer's Control Rights in the Context of Ubiquitous Surveillance

Author(s): Dana Volosevici
Subject(s): Labour and Social Security Law
Published by: Universul Juridic
Keywords: Employment; Surveillance; GDPR; Development of Human Personality;
Summary/Abstract: The Romanian Constitution upholds the free development of human personality as a paramount state value. This principle asserts every individual's right to cultivate and express their personal characteristics, beliefs, talents, and goals without undue interference from others, including employers or the state. Within the employment context, this principle underscores the necessity of balancing employees' rights to personal development with employers' legitimate needs to manage their activities for organizational objectives. However, we find ourselves in an era where technology enables unprecedented levels of human surveillance, potentially influencing behavior and altering cultural norms. This surveillance extends beyond employment, often justified by public interest. Thus, the human being of today must evolve under the conditions of a technology capable of monitoring and analyzing them like never before. This raises the question of how much of the surveillance conducted by employers can be justified by the new technological reality and social norms, and where it begins to infringe upon the free development of human personality.

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