Zbornik Radova Pravnog Fakulteta u Nišu (Jan 2019)

The use of information technologies and employees' personal data protection

  • Mirjanić Željko

Journal volume & issue
Vol. 58, no. 85
pp. 153 – 170

Abstract

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Employers use information technologies to collect, process, handle and store employees' personal data, which that are necessary for exercising rights and obligations during the employment relationship, and an employee has a right to protection of data during and after the termination of the employment relationship. In order to guarantee the protection of personal data and privacy of employees, there is a need to give more significance to the legal regulation of the way these technologies are used. Besides the higher risk of abuse of personal data that comes with the use of the technologies and the need to change the legal practice reflected in the fact that employees rarely ever use the right to personal data protection, another important reason for legal regulation is the obligation (stemming from the Stabilization and Association Agreement to gradually align the domestic law with the EU law. These reasons influence the predominant opinion that the national legislation should incorporate the European standards in this area envisaged in Regulation (EU) 2016/679 of the European Parliament and Council of April 2016 concerning the protection of natural persons with regard to the processing of personal data and the free movement of such data. The paper also discusses the influence of information technologies on the protection of personal data of employed "whistle-blowers "

Keywords