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Monitoring of Employees and its Methods
Zůnová, Petra ; Štefko, Martin (advisor) ; Morávek, Jakub (referee)
This thesis intends to offer a balanced legal standpoint on monitoring of employees from the point of view of employer's rights and interests protected by law as well as from the point of view of employees' right to privacy. The surveillance of employees is governed especially by Section 316 (1) through (3) of the Labour Code1 . However, in case personal data of employees are processed within such monitoring, the personal data protection regulation must be applied as well. This thesis distinguishes between a so-called one-time or random inspection of employees performed within the meaning of Section 316 (1) of the Labour Code for the purpose of checking their observance of ban on using the employer's production and working tools for personal purposes and between continuous monitoring performed under Section 316 (2) of the Labour Code. At the same time, it is necessary to assess whether the employees' personal data are processed as well. Therefore, in practice, four different types of inspections/surveillance of employees have to be distinguished, each of them being governed by slightly different regulation. Currently, the personal data protection regulation is undergoing the most significant changes in the last more than 20 years; on 25 May 2018, GDPR2 enters into force. This regulation will...
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