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Employee privacy protection
Karlec, Jan ; Štefko, Martin (advisor) ; Morávek, Jakub (referee)
This thesis deals with the issue of privacy in the workplace. Employees expect to have some privacy at work, even when they are using the employer's equipment. On the other hand, employers need basic information about their employees and they have the right to know that work is being done properly and efficiently. Finding the balance between the interests of both sides is quite complicated and the disputes regarding privacy infringement in the workplace are often decided by highest courts. In concrete, this thesis deals with the processing of personal data in the employment context and with the surveillance of employees. The aim of this thesis is to provide a comprehensive overview of this issue and assess the current level of protection of privacy of employees in Czech Republic. The thesis is composed of nine chapters. The first introductory part of this thesis (chapters 2 - 4) describes the fundamental human right to privacy and personal data protection in general. Chapter Two characterises the right to privacy and chapter Three gives an overview of relevant legal sources. Chapter Four presents basic terms and principles of the processing of personal data under the Act No. 101/2000 Coll., on the Protection of Personal Data. The following chapter looks at collection of personal data before the...
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Employer monitoring of employees
Hlaváček, David ; Štefko, Martin (referee)
Employer monitoring of employees - Monitoring of Flexible Work Arrangements Abstract This thesis focuses on three areas of interconnected legal issues, institutes, and topics that all come together within the scope of labour law and the actual industrial relations. The first area covers the protection of privacy and integrity of the individual as stipulated by the constitutional standards, general legal regulations, European standards, and binding international treaties and conventions. The second area covers the industrial relations as such; however, special emphasis is put on the protection of privacy and integrity of employees. Finally, thethird area covers the employee monitoring by the employer - at theusual workplace as well as when working remotely, usually from the employee's home. In the introductory part, the above mentioned sources of law are analysed and the normative framework is described, setting the limits of legitimacy and legality of employee monitoring by the employer. Subsequently, various monitoring forms and methods are examined, applying descriptive and analytical methods to understand different aspects of employee monitoring in various environments and types of industrial relations. In this part of the thesis, the author analyses and predicts the impacts and consequences of each...
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Employee monitoring
Rýdl, Adam ; Štefko, Martin (advisor) ; Morávek, Jakub (referee)
This thesis aims to analyze problems of employee monitoring in constitutional frameworks as well as in terms of the most used types of employee monitoring. The goal is to point out that employee surveillance underwent a considerable evolution in last few years. To illustrate that considerable evolution, there is a comparison of Supreme courts of Czech Republic judgement from 2012 and European Court of Human Rights Grand chambers judgement from 2017. After a comparison of those two judgements there is a conclusion of the Supreme court's judgement from 2012 to analyze whether it is still up-to-date. This thesis is divided into six chapters. In the first chapter there is an analysis of constitutional frameworks and explanation which constitutional rights and freedoms should be took into consideration, compared with each other and what are reasons to do so. In the second chapter, there is an analysis of relevant Czech Republic law and EU regulation well known under abbreviation GDPR and there are also examples of relevant law usage on particular situations. In third chapter, there are concrete methods of employee monitoring. There is an analysis of CCTV systems with record and without record between which there is a huge difference in employer duties required by law. There is also analysis of employee...
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Employee privacy protection
Karlec, Jan ; Štefko, Martin (advisor) ; Morávek, Jakub (referee)
This thesis deals with the issue of privacy in the workplace. Employees expect to have some privacy at work, even when they are using the employer's equipment. On the other hand, employers need basic information about their employees and they have the right to know that work is being done properly and efficiently. Finding the balance between the interests of both sides is quite complicated and the disputes regarding privacy infringement in the workplace are often decided by highest courts. In concrete, this thesis deals with the processing of personal data in the employment context and with the surveillance of employees. The aim of this thesis is to provide a comprehensive overview of this issue and assess the current level of protection of privacy of employees in Czech Republic. The thesis is composed of nine chapters. The first introductory part of this thesis (chapters 2 - 4) describes the fundamental human right to privacy and personal data protection in general. Chapter Two characterises the right to privacy and chapter Three gives an overview of relevant legal sources. Chapter Four presents basic terms and principles of the processing of personal data under the Act No. 101/2000 Coll., on the Protection of Personal Data. The following chapter looks at collection of personal data before the...
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Personal rights of employees
Pour, Zdeněk ; Morávek, Jakub (advisor) ; Hůrka, Petr (referee)
73 Abstract Thesis title: Personal rights of employees This thesis deals with personal rights of employees, particularly it aims at issues associated with privacy rights, secrecy of correspondence and personal data protection. It is a very relevant and dynamically developing branch of labour law linked to the development and expansion of the application of modern communication technologies in all areas of human activity. The thesis itself consists of four main chapters. The first chapter discusses personal rights of employees as a category of basic human rights. It analyzes elements from which the personality rights consist of, i.e. which partial rights are included and what are their relations with each other. Simultaneously, this chapter examines all of the main relevant laws, which apply on the issue in question, in descending order determined by their legal force. The aim of the second chapter is to analyze section 316 of the Labour Code which is the main provision that governs monitoring of employees at work, particularly its admissibility, conditions and information duties of an employer. This chapter also deals with the interpretation of the admissibility or inadmissibility of concealed surveillance and the weakness of the current legislation which is caused by the lack of sanctions for breach of...
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Personal rights of employees (focusing on the protection of personal data and personal employee data )
Hrabinová, Michaela ; Morávek, Jakub (advisor) ; Štefko, Martin (referee)
This thesis deals with the issue of personal law of employees. Above all, it focuses on protection of personal data, monitoring employees at workspace via camera systems and checking upon their e-mail communication or examining logs of websites. The work is divided into seven chapters, few of which are further separated to subchapters. The first half of the work is dedicated to theory; the following chapters describe the specific cases of interference into employees' privacy. The first chapter pictures history of law adjustment in the sphere of protection of privacy, respectively protection of personal data, which reaches not too far since its first development started after the Second World War. The second chapter contains definitions of the basic terms which are related to protection of personal data, for example the term personal data itself, subject of data or trustee and exekutor. In the third chapter there are the roots of laws to be found. This chapter is further divided to subchapters distinguishing particular types of law sources from the international, European and national sphere. The next, fourth chapter, describes the relation between personal data protection and labour law. It handles personal data processing in each phase of labour-law relations in separated subchapters, including the...
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