Κατεύθυνση Εργατικό ΔίκαιοLibrary of the School of Law
Κωνσταντίνος Παπαδημητρίου, Καθηγητής ΕΚΠΑ
Η Ιδιωτική Ζωή στο Δίκαιο του Συμβουλίου της Ευρώπης και στο Δίκαιο της Ευρωπαϊκής Ένωσης
Private life according to Council Of Europe and European Union Law
Respect for private life must be regarded as protected by any provision which, as a general rule, imposes respect for the personality whose protection is not understood without the existence of strictly personal space. As "Private life" are considered all the matters of a personal nature whose regulation belongs to a person, and for that reason third parties are prohibited from mixing without the consent of that person. Unlike private life, "public life" can be considered as a whole of non-private issues. Insulting personality is possible in all fields, that is, both private and public life, as personality appearances exist both in one area and the other.
Labor relations include in any case also the social element, meaning the working community, as well as the relation of power and subject to it. The protection of the employee's private life is inextricably linked to his professional honor and reputation. Many times, in the context of the employment relationship, an employer's behavior may affect several manifestations of the employee's personality.
The employment relationship is a transactional relationship in which the worker participates in economic and social life and thus in more public life events. Consequently, this approach is a manifestation of the personality of the worker. Particularly important for labor relations were the cases of Niemietz v. Germany and Halford v. The United Kingdom, which were the first decisions of the ECtHR on professional relations and the principle of an extended interpretation of the term "private life", in which ultimately all the events of the personality are included. Also important is the Halford v. UK case, which in fact confirmed the ECtHR's position that labor relations are privacy and demand the protection that is appropriate to it.
Additionally, the rapid development of computer science has made it essential in the professional sector. The use of technological means works in the interests of both the employer and the employee, but also has led to a radical change in labor relations. The term "e-monitoring" is important, which means using an electronic data collection process to gather data on employee activities and their performance at work.
Main subject category:
Law and Legislation
Other subject categories:
private life, European Court Of Human Rights, Halford,Copland, Barbulescu
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