Protecting privacy in the workplace

Every employee expects to have privacy in the workplace, even when using the employer’s work premises and equipment. Of course, working for someone else would also mean partially giving up your privacy. The employer needs the employee’s basic personal data for the purpose of paying contributions, insurance, etc. The employer should take care of the safety of the workers and the efficient performance of the work tasks.

Violation of privacy in the workplace has existed and will continue to exist. In modern society it is more obvious (for example, by conducting various psychological tests, electronic search of files, video surveillance, by clicking (pressing) on the monitor, genetic testing, but the data that employers can know about workers is limited.

The employer’s need to know and the employee’s right to privacy can be balanced if the collection, storage and processing is done precisely for a specific purpose.

For any change in personal data, the employee is obliged to notify the employer within 15 days of the change.

  • The employer should inform the employee which personal data he processes, why he processes them and for what purpose he will use them.
  • The processing of personal data and their disclosure is possible only with the prior consent of the employee.
  • The employer should process only those personal data that are necessary for the specific purpose and that it is legal (in accordance with the law).
  • As a rule, the employer processes or discloses personal data only for the purpose for which it is collected and will keep it for as long as is necessary to achieve that purpose. An exception is when the employee agrees to his personal data being used for another purpose or if there is a legal basis for it.
  • The employee’s personal data file should be accurate, complete and up-to-date.
  • The employee should have access to his personal data file and has the right to request correction and completion of the data.

The protection of workers’ personal data is regulated by the Law on Labor Relations.

The personal data of workers and candidates for employment can be collected, processed, used and delivered to third parties only if this is determined by this or another law or if it is necessary for the exercise of rights and obligations from the employment relationship or in connection with the employment. relationship.

Personal data of workers and candidates for employment can be collected, processed, used and delivered to third parties only by the employer or the employee, whom the employer has specifically authorized.

Personal data of workers, for the collection of which there is no longer a legal basis, must be immediately deleted and cease to be used.

According to the Law on records in the field of labor, the records for employed workers contain the following personal data:

1. name, father’s name and surname of the employee;

2. unique identification number of the citizen;

3. day, month and year of birth;

4. place of birth;

5th floor

6. residence and address;

7. belonging to the community;

8. place of work

9. degree and type of completed education;

10. degree of professional preparation;

11. working hours of the employee;

12. insurance experience until starting work with the employer;

13. duration of employment;

14. whether he is disabled for work;

15. date of establishment of the employment relationship;

16. date of termination of employment.

Does the employee’s right to privacy conflict with the employer’s right to manage

Employers have an obligation to physically secure the facility, and this in some situations implies the installation of video surveillance, in order to prevent the “flow” of confidential information, theft, inappropriate behavior at the workplace.

Employer “interference” in employee privacy should be kept to a minimum.

Prevention of workplace abuses is important, but it is much better for the employer to adopt internal acts to prevent such abuses, to organize training for workers to increase work productivity, to impose appropriate disciplinary measures for workplace abuse, than to limit of workplace privacy.

The employer should inform the employees which personal data it will collect, process and store. Also, employees should be familiar with the organization’s internal policy (for example, how to use the Internet, e-mail, telephone, etc.). If the employee is under video surveillance, he must be informed about it.

The data that the employer uses for one purpose may not be used for any other purpose, without the prior consent of the employee.