WORKPLACE SURVEILLANCE: BIG BROTHER IS WATCHING YOU?
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2018, Vol 10, Issue 12
Abstract
Only recently workplace surveillance has become a real concern of the international community. Very often we hear about employers who monitor and record the actions of their employees, in order to check for any breaches of company policies or procedures, to ensure that appropriate behaviour standards are being met and that company property, confidential information and intellectual property is not being damaged. Surveillance at workplace may include inter alia monitoring of telephone and internet use, opening of personal files stored on a professional computer, video surveillance. But what if this monitoring or recording breaches human rights? In order to give practical examples for these means, we shall proceed to a chronological analysis of the most relevant cases dealt by the European Court of Human Rights along the time, in which the Strasbourg judges decided that the measures taken by the employers exceed the limits given by Article 8 of the Convention. After providing the most relevant examples from the Court’s case-law in this field, we shall analyse the outcome of the recent Grand Chamber Barbulescu v. Romania judgment. The purpose of this study is to offer to the interested legal professionals and to the domestic authorities of the Member States the information in order to adequately protect the right of each individual to respect for his or her private life and correspondence under the European Convention on Human Rights.
Authors and Affiliations
Corneliu BÎRSAN, Laura-Cristiana SPĂTARU-NEGURĂ
THE ECJ CASE-LAW ON THE ANNULMENT ACTION: GROUNDS, EFFECTS AND ILLEGALITY PLEA
For practitioners in the field, but also for academicians it is equally important to know that there exists, under certain circumstances, the possibility of bringing an action for annulment, having as object the legally...
CONTROL AND AUDIT IN MARKETING
In the report, control is seen as a function of management, among others, such as planning, forecasting, marketing, etc., through the prism of marketing and in the sense that these functions are also subject to control....
TEN YEARS AFTER THE GLOBAL CRISES - EXPORTS RECOVERY AT REGIONAL LEVEL IN ROMANIA
After ten years of the global financial crises, which peak in Romania was 2009, the negative impact on exports and imports of Romania are still in place for some Romanian counties. The scale of the impact highlights the...
PROTECTION OF THE WASTE REGIME BY CRIMINAL LAW. ACTUAL SITUATION IN ROMANIA
In this paper, the author discusses the main weaknesses of the incrimination provided by article 63 of Romanian Law no.211/2011, regarding the waste regime, in its actual state, as a result of legislation changes that oc...
FREEDOM OF THOUGHT, OPINION, AND RELIGIOUS BELIEFS IN THE CASE OF PERSONS DEPRIVED OF THEIR LIBERTY
This paper1 deals with the issue of freedom of thought, opinion, and religious beliefs in the case of persons deprived of their liberty. The study has a first part which consists in a presentation of the international st...