La protección constitucional de los derechos a la intimidad y a la propia imagen en las relaciones laborales: una visión desde la jurisprudencia constitucional

2014 ◽  
pp. 2121-2143
Author(s):  
Luis Javier MIERES MIERES
Keyword(s):  
Protected Area ◽  
Private Life ◽  
Right To Privacy ◽  
Work Relations ◽  
The Right To Privacy ◽  
Free Development ◽  
Principle Of Proportionality ◽  
The Right ◽  
And Control ◽  
Constitutional Jurisprudence

LABURPENA: Lan-harremanen arloan funtsezkoa den intimitatearen eskubidea babesteak jurisprudentzia konstituzional zabala eta aberatsa eragin du. Intimitate-eskubideak babesten duen eremuaren baitan, intimitatearen zentzu sendoa (edo gizarteak onartzen duena) eta zentzu ahula dago (intimitate subjektiboa). Biak ala biak proiektatzen dira lan-prestazioan, enpresen zaintza-eta kontrol-ahalmenak mugatuz, eta proportzionaltasunaren printzipioa betearaziz. EKaren 18.1 artikuluak ez du babesten bizitza pribatuaren askatasuna esan ahal zaiona, baina jurisprudentzia konstituzionalak hainbat teknikaren bidez babesten ditu langileen nortasunaren garapen librearen zenbait alderdi, zuzenean bizitza pribatuarekin lotuak. RESUMEN: La protección del derecho fundamental a la intimidad en el ámbito de las relaciones laborales ha dado lugar a una amplia y rica jurisprudencia constitucional. Dentro del ámbito protegido por el derecho a la intimidad cabe distinguir entre intimidad en sentido fuerte (o intimidad socialmente reconocida) y en sentido débil (intimidad subjetivamente reservada). Ambas manifestaciones del derecho se proyectan sobre el desarrollo de la prestación laboral imponiendo límites a los poderes empresariales de vigilancia y control, cuyo ejercicio debe ajustarse al principio de proporcional. Aunque el artículo 18.1 CE no protege lo que puede denominarse la libertad de la vida privada, la jurisprudencia constitucional ha articulado distintas técnicas a fin de amparar ciertas manifestaciones del libre desarrollo de la personalidad de los trabajadores directamente vinculadas con la vida privada. ABSTRACT: The protection of the fundamental right to privacy in the area of the work relations has caused a rich and wide-ranging constitutional jurisprudence. In the protected area for the right to privacy, it can be distinguished among a hard privacy (or socially recognized privacy) and a weak privacy (privacy subjectively reserved). Both manifestations of the right to privacy are projected on the workplace and they limit the entrepreneurial powers of surveillance and control, the exercise of which it has to fit the principle of proportionality. Although article 18.1 CE does not protect what can be denominated the freedom of the private life, the constitutional jurisprudence has articulated different techniques in order to protect certain manifestations of the free development of the personality of theworkers directly linked to the private life.

Risk Assessment vs. Right to Privacy: The Access to Health Information on the Insurance Candidate through Questionnaires and the Right to Privacy

2013 ◽  
Vol 20 (1) ◽  
pp. 63-78
Author(s):  
Maria Inês de Oliveira Martins
Keyword(s):  
International Law ◽  
Health Information ◽  
Personal Information ◽  
Relevant Information ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Access To Health ◽  
Health Related ◽  
Principle Of Proportionality ◽  
The Right

Abstract The need of private insurers for information on the candidate’s health risks is recognized by the law, which places pre-contractual duties of disclosure upon the candidates. When the risks are influenced by health factors, e.g. in the case of life- and health insurances, it implies the provision of health information by the candidates, who thus voluntarily limit their right to privacy. This consent, however, often happens in a context of factual coercion to contract. Next to this, from a legal standpoint, the collection of personal information must respond to the principle of proportionality. Against this background, this article assesses the compatibility of questionnaire techniques that rely on open-ended health related questions with the right to privacy, as protected by Portuguese and international law. It then analyses the extent of pre-contractual duties of disclosure as defined by the Portuguese Insurance Act, which requires the candidate to volunteer all the relevant information independently of being asked for it. In doing so, the article also refers to some other European countries. It concludes that the relevant Portuguese legislation is incompatible both with Portuguese constitutional law and with international law.

scholarly journals REFORMS IN THE COMMUNICATIONS MONITORING SYSTEM AS A PRECONDITION FOR EFFECTIVE HUMAN RIGHTS PROTECTION

2019 ◽  
Vol 31 (5) ◽  
pp. 1509-1514
Author(s):  
Biljana Karovska-Andonovska ◽  
Zoran Jovanovski
Keyword(s):  
Monitoring System ◽  
A Priori ◽  
Personal Data ◽  
The Other ◽  
Right To Privacy ◽  
Human Rights Protection ◽  
Personal Data Protection ◽  
The Right To Privacy ◽  
The Right ◽  
And Control

The reforms in the communications monitoring system as part of the wider reform of the security services in the Republic of Macedonia, resulted with creation of a package of several laws whose adoption was supposed to provide the legislative basis for a system that would really work in accordance with the goals for which it was established. The communications monitoring system should provide a balanced protection of the right to security, on the one hand, and the right to privacy, on the other. Only on that way a priori primacy of the right to security over the right to privacy will it be disabled. Hence, the reforms in communications monitoring system are a precondition for the effective protection, primarily for the right to privacy and the secrecy of communications, but also for the right to personal data protection, the inviolability of the home as well as for the right to presumption of innocence. It is a complex and delicate matter where opening of a real debate through which the present deficiencies will be perceived in order to create an appropriate legal solutions was very important. However, the new Law on Interception of Communications as the most important in this area, retained a certain part of the provisions that were debatable in the previous legal solutions. The provisions regarding the model for interception of communications, which stipulates the establishment of a separate agency that mediates between the operators and the authorized bodies for interception of communications, were questionable as well. Also, new measures for monitoring communications in the interest of security and defense, as well as the provisions which regulate the disposition and delivery of metadata for security and defense, are also debatable. On the other side, the reform laws made an evident progress in a positive sense through the provisions for oversight and control over the interception of communications. With these changes, certain debatable elements have been overcome, especially those that have hindered it so far, and in some cases completely paralyzed the oversight and control over the monitoring of communications. In this paper we analyzed the debatable elements in the reform package of laws on interception of communications as well as some positive aspects contained in the provisions of the reform laws.

scholarly journals The Right to Privacy and Private Detective Activities in Lithuania

2012 ◽  
Vol 5 (2) ◽  
pp. 1-26
Author(s):  
Mindaugas Bilius
Keyword(s):  
Personal Data ◽  
Legal Regulation ◽  
Private Life ◽  
Right To Privacy ◽  
Public Authorities ◽  
The Right To Privacy ◽  
Private Detective ◽  
Protection Of Human Rights ◽  
The Republic ◽  
The Right

ABSTRACT Private detectives have been providing their services in Lithuania for about a decade; however, only now has the Seimas of the Republic of Lithuania started to discuss whether it is expedient and necessary to regulate the activities of private detectives by means of a separate law. One of the goals of a separate legal regulation of private detective activities is the protection of human rights, particularly the right to privacy. This article examines the provisions of national and international legislative acts related to the private life of a person, and assesses the opportunities of a private detective to provide private detective services without prejudice to the provisions of applicable legislative acts. The article concludes that a private detective is not an authorized (public) authority and there is no possibility to assess in each case whether the interests of a person using the services of private detectives are more important than those of other persons, which would allow for violating their rights to private life. The limits of an individual’s right to privacy can only be narrowed by a particular person, giving consent to making public the details of his/her private life. It is the only opportunity for a private detective to gather information related to the private life of a citizen. Currently applicable legislative acts in Lithuania do not provide for opportunities for private subjects to collect personal data without that person’s consent. This right is granted only to public authorities and with the court’s permission

scholarly journals Monitor WhatsApp conversations in Palestinian legislation and related guarantees

2020 ◽  
pp. 84-97
Author(s):  
Abdullah Deeb Mahmoud ◽  
Keyword(s):  
Private Life ◽  
Public Prosecutor ◽  
Public Prosecution ◽  
The Public ◽  
Electronic Evidence ◽  
The Right To Privacy ◽  
Court Judge ◽  
Control Procedures ◽  
The Right ◽  
And Control

Monitoring electronic conversations in general, including WhatsApp conversations, is an investigation that falls within the jurisdiction and control of the Public Prosecution. Obtaining the approval of a Magistrate’s Court judge to conduct the observation is considered one of the basic conditions for the validity of the observation procedure. It is of the importance of electronic conversations, which have become legally recognized electronic evidence of crimes of all kinds, as long as the proper legal path that the Palestinian legislator has been followed in obtaining them is followed, the records may be audible, read, or visible, and in particular Lee is considered to be of legal value, whether it represents evidence of conviction or innocence, as a judge can extract its value after reviewing it and reviewing its details, or use an expert to analyze it, especially if it is not clear. It should be noted that protecting the private life of individuals is a constitutional and universal principle that may not be violated by control procedures except to the limits set by the law, since the right to privacy is subject to restriction and is subject to derogation from it according to legal procedures, especially in order to access the truth and achieve justice in accordance with exceptional and strict procedures. It is permissible to violate it, it is not permissible to monitor and record the conversations unless there is a benefit from them for the appearance of the truth, after the approval of the Magistrate’s Court judge upon the request of the Public Prosecutor or one of his assistants to monitor communications and (WhatsApp) conversations and registrations and deal with them to search for Evidence for a felony or misdemeanor is punishable by imprisonment for a period of no less than a year.

scholarly journals Employee's right to privacy: Where is the bound of the employer's right to monitor employees' communications

2020 ◽  
pp. 85-99
Author(s):  
Milica Kovač-Orlandić
Keyword(s):  
High Sensitivity ◽  
Private Life ◽  
Employment Relationship ◽  
Right To Privacy ◽  
Labour Law ◽  
The Right To Privacy ◽  
Legitimate Interests ◽  
Conflicting Interests ◽  
The Right ◽  
Consistent Application

Starting from the assumption that employees enjoy the protection of private life in relation to their employers, this paper seeks to answer the question how the right to privacy as a civil right can be incorporated into labour law without, concurrently, undermining the nature of the employment relationship, and considering the subordination as its primary feature. Accordingly, the nature of this right is analysed and the conditions under which it can be restricted in the workplace. Taking into account that the breaches of privacy and even more subtle ways of breach have increased in frequency in the workplace, the author deals with the issue of monitoring the employee's communication, pointing to the high sensitivity of this topic, since at the same time numerous legitimate interests of the worker should be fulfilled, as well as of the employer. The aim of the paper is to point out that in this case, the consistent application of the principles of legitimacy, proportionality and transparency is crucial for balancing the conflicting interests of workers and employers.

The Right to Respect for Private Life

2020 ◽  
pp. 46-67
Author(s):  
Claire Fenton-Glynn
Keyword(s):  
Freedom Of Expression ◽  
Case Law ◽  
Private Life ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Right To Information ◽  
The Right ◽  
To Receive

This chapter considers the right of the child to respect for private life from the perspective of three interrelated, but distinct, aspects. First, it considers the Court’s case law concerning the right to privacy, and the protection of one’s image. Second, it examines the development of the Court’s approach to the right to receive information—this ranges from rather conservative and paternalistic beginnings to a more robust protection of freedom of expression. Finally, the chapter analyses the Court’s jurisprudence concerning the right to identity, including the right to information on origins and rights concerning the naming of children and their citizenship.

scholarly journals The Right to Privacy and Data Protection in the Information Age

2020 ◽  
pp. 1576-1589
Author(s):  
Tigran D. Oganesian
Keyword(s):  
Human Rights ◽  
Data Protection ◽  
Personal Data ◽  
Private Life ◽  
Right To Privacy ◽  
Personal Data Protection ◽  
The Right To Privacy ◽  
User Data ◽  
The Right ◽  
Mass Surveillance

The article considers the legality of mass surveillance and protection of personal data in the context of the international human rights law and the right to respect for private life. Special attention is paid to the protection of data on the Internet, where the personal data of billions of people are stored. The author emphasizes that mass surveillance and technology that allows the storage and processing of the data of millions of people pose a serious threat to the right to privacy guaranteed by Article 8 of the ECHR of 1950. Few companies comply with the human rights principles in their operations by providing user data in response to requests from public services. In this regard, States must prove that any interference with the personal integrity of an individual is necessary and proportionate to address a particular security threat. Mandatory data storage, where telephone companies and Internet service providers are required to store metadata about their users’ communications for subsequent access by the law enforcement and intelligence agencies, is neither necessary nor proportionate. The author analyses the legislation of some countries in the field of personal data protection, as well as examples from practice. Practice in many States is evidence of the lack of adequate national legislation and enforcement, weak procedural safeguards and ineffective oversight, which contributes to widespread impunity for arbitrary or unlawful interference with the right to privacy. In conclusion, we propose a number of measures aimed at improving the level of personal data protection in accordance with the international standards. In order to provide guarantees and a minimum level of adequate data protection in the face of new challenges to human rights in an ever-changing digital environment, the author proposes to solve a number of pressing issues. Firstly, States should not have the right to ask companies for and have absolute access to user data without a court order. Secondly, the process of sending a request and receiving data from a telecommunications company should be regulated in detail and transparent. The availability of specialized judges with technical expertise shall be valuable

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