Abstract [eng] |
The master's thesis analyses the main employee personal data protection challenges, which is revealed by examining the requirements of the GDPR, other legal acts regulating personal data protection, doctrinal works of Lithuanian and foreign legal scholars, the European Court of Justice, the European Court of Human Rights, and the Supreme Administrative Court of Lithuania, and the opinions, guidelines, and recommendations of the supervisory authorities in the field of data protection law. The topic is best revealed through practical challenges along with regulatory analysis. The main problem thesis is the thin line between the unlawful processing of an employee’s personal data and the balance of interests between the parties to the employment relationship. The main employee personal data protection challenges in the employment relationship are identified in the master's thesis. The work examines in detail the processing of an employee's personal data using information technology: electronic means, artificial intelligence, etc. The protection of health (especially in the context of coronavirus), biometrics, and other special categories of personal data is analysed. The need for employee representatives to actively represent the interests of employees in the field of personal data protection law is revealed. Other possible challenges to the protection of employee personal data in the future are discussed. It is reasonable to conclude that the legal basis for consent in an employment relationship must be the ultima ratio measure. All legal and practical challenges related to the protection of employee personal data can be overcome. The employer must comply with the principles of data protection law, coordinate security measures with each other, and cooperate with employees and their representatives. Carry out a risk assessment before using new digital technologies. In metaverse, an employee’s body will become a unit of data collection and processing. |