| Abstract [eng] |
This thesis examines when and how Article 8 of the European Convention on Human Rights applies in employment contexts. Particular attention or focus is provided to workplace monitoring and the processing of sensitive personal data. It focuses on three domains in which tensions between managerial interests and employee privacy most frequently arise. They are related to: the monitoring of professional communications, visual and location surveillance through CCTV and GPS technologies and identity-related practices such as vetting and the use of medical or criminal-record data at work. Relying on a doctrinal analysis of leading judgments of the European Court of Human Rights, the thesis analyses how the Court identifies interferences with private life in professional settings and how it assesses their justification under Article 8(2). On the basis of this analysis, the thesis develops a concise, factor-by-factor proportionality framework that can be applied across different workplace measures. The study finds that compliance with Article 8 in labour-law disputes is primarily determined by the quality and foreseeability of the legal basis, clarity of purpose, narrow targeting in time, space and scope, the presence of prior notice or overriding reasons for its absence, effective limits on access and retention of data and the documented consideration of less intrusive alternatives. These factors guide the balancing exercise required of domestic authorities and provide practical criteria for courts, employers and employees when assessing workplace monitoring measures under Article 8. |
