雇佣关系中员工隐私的界限

IF 1.2 Q4 BUSINESS
Vilius Mačiulaitis
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引用次数: 0

摘要

本文分析了在雇佣关系中履行员工隐私义务的具体情况。在雇佣关系中,雇主有义务让雇员了解管理其工作的当地立法。在这种情况下,两种受法律保护的利益之间存在冲突:一方面,雇主保护企业、确保业务流程、资产安全以及员工健康和安全的利益,另一方面,不侵犯员工隐私权的义务。监控员工的技术手段是收集数据和信息的最简单方法之一。同时,还提出了使用这种手段的相称性问题——是否需要通过自动化手段收集的所有信息来证明数据收集的具体目的。仅为个人利益收集数据而不制定严格的信息收集规则,所收集信息的限制限制了员工的隐私权。雇主无权收集数据(监控)来控制员工的工作流程或行为,但在必要时可以记录特定数据,以保护生产、健康和安全或确保组织的有效运行。然而,即使在这种情况下,雇主也必须采取额外措施,尽可能减少此类监控或评估其结果。作者从雇佣关系的角度分析了这一问题,并通过履行雇主制定具体地方规则的义务和让雇员了解这些规则的承诺(透明度原则)。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Boundaries of the employee's privacy in employment relationship
. This article analyses the specifics of implementing employee privacy obligations in employment relationships. In employment relations, the employer has a general duty to make the employee aware of the local legislation governing his or her work. In this context, there is a clash between two legally protected interests: on the one hand, the employer's interest in protecting the business, ensuring business processes, the security of assets and the health and safety of employees, and on the other hand, the obligation not to infringe the employee's right to privacy. Technical means of monitoring employees are one of the simplest ways of collecting data and Information. At the same time, the question of proportionality of using such means is raised - whether all the Information collected by automated means is necessary to justify the specific purpose of data collection. Collecting data solely for personal interest without setting strict rules on the collection of Information and the limits of the Information collected restricts an employee's right to privacy. An employer is not entitled to collect data (monitoring) to control an employee's work process or behaviour but may record specific data if necessary to protect production, health and safety or to ensure the efficient running of an organisation. However, even in such cases, the employer must take additional measures to minimise such monitoring or evaluate its results as much as possible. The author analyses the problem in the context of the employment relationship, and through the implementation of the employer's obligation to establish specific local rules and the commitment to make the employee aware of those rules (transparency principle).
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来源期刊
自引率
5.90%
发文量
80
审稿时长
20 weeks
期刊介绍: ENTREPRENEURSHIP AND SUSTAINABILITY ISSUES ISSN 2345-0282 (online) is a peer-reviewed scientific journal, serving as a platform to foster multi/interdisciplinary innovations that bring together the research communities and the end-users being affected. It is where theory meets practice, evident in the authors being experts across the industrial value chain – including business visionaries, regulatory and standards bodies, and especially pan-European networking through public and private sector partnerships (PPPs). Accepted papers present outcomes of initiatives and findings across all fields of science and technology, especially social sciences and humanities. Multi/interdisciplinary approach is encouraged. Recent additions to the already well-accomplished editorial board includes experts from the energy and information and communication technologies (ICT) sectors, particularly focused on advances to the state of the arts in environmental sustainability developments. This journal publishes original research papers that are rich with case studies of modern demonstrations, presenting innovative solutions to socio-economic and socio-technical problems that plague modern societies. It is a journal that is positioned as collaborative platform where theory meets practice, which is accomplished by publishing authors who’ve uncovered new linkages between data formulation and the underpinning theories, cases, observations, and validated hypotheses arising from the analysis of that data. ESI journal scope includes as well a particular focus on the business development side of smart electricity grids regarding financial or innovative technological aspects surrounding: renewable production, energy storage and management, construction materials, retrofitting, urban planning, and the trading of actors within emerging markets affected by energy supply and demand tradeoff.
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