Övervakning och integritet i arbetslivet – Om arbetsgivares övervakning av arbetstagares elektroniska kommunikation

Sammanfattning: Due to technical developments and changed forms of working, it is now easier than ever for employers to control and monitor employees. In recent years, it has become increasingly common for employers to monitor employees’ electronic communications. Electronic communication refers to employee communication via the use of the employer’s IT equipment and internet connection. The most prevalent form of electronic communication in the workplace is e-mail. Employer’s new surveillance capabilities increase the risk of interference with the employees’ privacy. For these reasons, the balance between employer interests and employee privacy has become an increasingly topical and debated issue. The purpose of this thesis is to examine privacy protection in working life with regard to the employer’s right to monitor employees’ electronic communications in the private sector. The focus of the study is the balance between, on the one hand, the employer’s interest in monitoring employees’ electronic communications and, on the other hand, the employee’s interest in privacy protection. In order to fulfil the purpose, the employer’s monitoring possibilities are examined according to Swedish labour law regulation, the European Convention and the Data Protection Regulation. A legal dogmatic method and an EU legal method are used to examine the issue. In conclusion, the study shows that when balancing interests, it is taken into account whether the employer has a legitimate interest, whether the monitoring is necessary and proportionate to the aim pursued and whether the employer has informed the employee in advance. Monitoring of work-related communications may be allowed under certain circumstances, but the possibilities to monitor the employees’ private communications are limited. Monitoring of the content of private communication is generally not allowed. However, in order to determine the admissibility of the surveillance measure, an overall assessment of the circumstances in the individual case is required. Finally, the thesis concludes that there is a need for a clearer legal framework regarding employers’ surveillance and new privacy protection considerations in a rapidly changing working life.