THE RIGHT TO PRIVACY AS A WORKER'S PERSONALITY RIGHT

被引:0
|
作者
Machado, Susana Sousa [1 ]
Magalhaes, Mariana Malta [2 ]
机构
[1] Inst Politecn Porto, Escola Super Tecnol & Gestao, Porto, Portugal
[2] Univ Vigo, Escola Int doutoramento, Fac Ciencias Jurid Trabalho, Vigo, Spain
来源
QUAESTIO IURIS | 2023年 / 16卷 / 03期
关键词
the right to privacy; worker; personal rights; employment contract; new technologies;
D O I
10.12957/rqi.2023.73587
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
It is crucial to strengthen the protection of the worker's personality rights, particularly, their right to privacy. Thus, we aim to analyze the protection recognized to the right to privacy, framing it within the scope of constitutionally guaranteed fundamental rights and personality rights recognized in labor law, dividing its study into three phases, namely, the pre-contractual phase, the execution phase of the contract and, finally, the phase of termination of the contract. Regarding the method of study adopted, a bibliographic review was carried out on the subject under debate, providing a legal approach, as well as jurisprudence, to specific cases decided in the Portuguese higher courts. The results obsted relate to the urgent need to protect the personality rights of workers who are increasingly Jarget of aggression by the employer. In fact, the introduction of new technologies in the world of work has increased the steering power of the employer, giving him a greater possibility of controlling the work performed by the worker and, consequently, increasing the possibility of attacks to the worker's privacy. It is concluded that the worker's right to privacy must be understood as a limit to the employer's power of direction.
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页码:1696 / 1723
页数:28
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