GDPR and Personal Data Protection in the Employment Context

Abstract

Digital transformation and new technologies have completely overwhelmed the way to process personal data in the employment context. This paper analyses how the right to protection of personal data has been codified in a multilevel legal framework (ECHR, EU Treaties, Directives and Regulations), how and if this right related to workers can prevail over the interests of companies, what guarantees are foreseen in the working context for the processing of personal data in Regulation 2016/679/EU (GDPR) and what kind of safeguards could be provided in each Member State. In the GDPR, the right of employees to the protection of personal data is not particularly protected so as to prevail over the interests of companies. Despite the great importance of individual rights in the employment context, the European Union has failed to establish uniform rules. On this crucial issue we may have the opportunity to strengthen the protection of workers' rights, ensuring that personal autonomy is guaranteed and can be exercised by individuals even in the context of Big Data.

Keywords

• GDPR
• employee
• employment
• Big data
• Big Data Management
• HR Analytics
• algorithms
• personal data
• employer
• surveillance
• electronic communications
• new technologies
• work
• WP29
• workplace
• application and smart device
• company property
• labour relation