Employee investigations and access to personal data

Abstract

The contribution is focused on defensive control carried out by investigative agencies and on worker's right to access information collected by such agencies in relation to the exercise of the right to the protection of personal data and the right to defense, especially when the information acquired from investigative activities is used in disciplinary proceedings. The Author's reflection, starting from the analysis of the Data Protection Authority’s decision on July 6, 2023, also concerns the integrative and reinforcing function of the labour law rules carried out by the principle of correctness and by the general principles envisaged by the GDPR which intervene to further limit the prerogatives of the employer

Keywords

• defensive covert control
• detective agency
• right of access to the data processed
• right of defence
• principle of correctness