Personal rights derive from personal dignity and protect humans as complete biological, mental, and social beings. One of the most important personal rights is the right to privacy, which also applies in the workplace. Due to the asymmetry of power between the employee and the employer, privacy in the workplace is more limited than the general right to privacy. The subject of protection of the right to privacy in the workplace is privacy or the private sphere, which also covers the professional sphere and is a multifaceted and open-ended concept. Case law shows that, in the most general sense, it refers to an area that no one may interfere with without express legal authorisation. The core of the right to privacy in the workplace is formed by the right to personal life and the right to independent decision-making in one's own affairs. It is further divided into three aspects that are constitutionally protected. These are the spatial, communication, and information aspects. The extent of protection that an employee is still entitled to in the event of an infringement of their rights is determined according to the constitutional criterion of legitimate expectations of privacy, taking into account the employee's sphere of life and their status as a subject. The employee's right to privacy often conflicts with the employer's rights, in particular the right to property and free economic initiative. Interference with the right to privacy in the workplace mainly involves the monitoring of work equipment, the use of video surveillance, and the introduction of biometric measures.
|