Employee privacy in the context of eu regulation 2016/679: Some comparative remarks

Abstract

The author investigates the topic of the employee’s privacy in relation with the General Data Protection Regulation (EU Reg. 2016/679) and the recent case law of the European Court of Human Rights, focusing on the major issues that stem from the exercise of the employer’s power of control. The Italian, Spanish and Swedish legal frameworks are studied in a comparative dimension, which highlights the diverse normative options adopted to regulate the most common issues such as the resort to camera surveillance in the workplace or the power to control the content of the employee’s computer. Finally, the A. deepens the topic of the usability in labor proceedings of evidences obtained by the employer in violation of the GDPR.