Arbetsledningsrätten och arbetstagares integritetsskydd - Om positioneringsteknik i arbetslivet
Sammanfattning: Due to the technical development, employers’ ability to monitor their employees is today both easily accessible and cheap which has led to an increase in employee monitoring through positioning techniques. The right to respect for private life and to protection of personal data are human rights as laid down by the European convention on human rights and the EU charter. This essay examines to which extent it may be acceptable to monitor employees through positioning techniques as a consequence of the managerial prerogative, and under which prerequisites such monitoring is allowed. This is accomplished by studying legislature such as GDPR, the European convention on human rights and the EU charter as well as the managerial prerogative as a general legal principle. Furthermore, the essay examines if and to what extent it is possible to agree to a derogation of personal integrity through collective agreements and employment contracts. The concluding discussion shows that the managerial prerogative is considerable regarding control measures. This study also concludes that the regulations which limit the prerogative and provide protection for the employees are vague and ill-defined, at the expense of the employee refusing to submit to a control measure. However GDPR articulates requirements regarding employers, for example a need to adopt measures when collecting and processing the personal data of the employee. An organization which is not GDPR compliant could face a considerable liability through dissuasive sanctions.
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