NBP: Nauka, bezbednost, policija (Jan 2015)

Measures of electronic monitoring of employees and the right to privacy in the workplace

  • Žarković Ivan

Journal volume & issue
Vol. 20, no. 3
pp. 165 – 182

Abstract

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At the present time, the development of technology has enabled the application of different systems of monitoring of the workplace, which many employers use as a key to maintain safety and productivity of employees. Regardless of which type of surveillance is on going, employers must take care not to go too far in monitoring, and that they do not violate the rights of employees to privacy. Currently current forms of electronic monitoring of employees, and aims to be achieved by them, evident risks of violations of the rights of employees and their consequences in the field of employment status, as inevitably follows the question of the existence and effectiveness of protection of personal data of employees and their privacy in the workplace. This is seen through the prism of national legislation, and also of the legislation of the European Union. As one of the most common forms of workplace surveillance, video surveillance draws particular attention of the practitioners and theorists. In text, trough analysis of lawful basis and frame of the installation and use of video surveillance equipment, it was point out some contentious issues on this topic. In order to create conditions for a more comprehensive look at the problem and finding adequate solutions in text it was point out at the law of the European Court of Human Rights regarding the application of certain control techniques by the employer and the possible existence of violations of employee rights to privacy.