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Acta Iuris Stetinensis
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2020
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vol. 31
|
issue 3
79-94
EN
The Internet of Things is a modern technology that affects every area of human life, includ- ing employment relationships. IoT enables the processing of specific personal data categories, including biometric data, and entails the risk of employers interfering with employee privacy. Due to the use of intelligent solutions, the issue of employee privacy, which is, in princi- ple, a personal right subject to protection, becomes significant. The relationship between an employee and an employer includes two subjects of legal protection, the meeting of which may lead to internal contradiction. There is the employee’s dignity and privacy, on the one hand, and protection of reasonable interests of an employer, on the other. A definition of the concept of the Internet of Things and its applications was introduced. Moreover, the author proposed setting a specific legal framework for this and discussed the issue of biometric data. It was also shown how far IoT solutions, which make it possible to analyse and describe the personality of an individual, may interfere with the information autonomy of a person. As a consequence, the employer’s interference with employee privacy cannot be unrestricted, because it should be limited by purpose and lawfulness. This is the purpose of the current legislation.
EN
In the context of rapidly increasing digital performance monitoring in the workplace, concerns over employee privacy and ethical considerations arise. This tension between organizational control and employee privacy becomes especially complex in postcommunist societies like Poland, Croatia, and the Republic of North Macedonia, which have a history of state surveillance and control. Drawing on various academic sources and employing a doctrinal-legal method, this study examines how cultural, historical, and legal factors shape perceptions and protections of privacy. It also analyzes the legal frameworks of privacy rights in the workplace. The research reveals that post-communist legacies influence public attitudes towards digital privacy, which is reflected in a low interest in digital privacy in these countries and legislation that lags behind rapid technological advancements. Despite their EU-aligned legislation that provides guidelines for ethical data collection and surveillance, an ambivalent perception of privacy exists among citizens, influenced by their history of state surveillance and control. All three countries have specific legislations that encompass civil, criminal, administrative, and labor law to protect privacy in the workplace. The study concludes with policy recommendations, emphasizing the need for ongoing legislative scrutiny to strike a balance between privacy protection and a stable and secure work environment.
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