The Privacy Rights of Employees at the Work Place

 

General principles

The protection of the rights of privacy of the workers depends entirely on clear restrictions on the data collected. The principle limit accessing or processing data that is directly connected to a particular employee. The employment contract is also considered and does not entitle an employer to access personal information from a worker. Personal information can only be processed when it is justified. In addition, it is the employers’ responsibility to justify the reason to employee as to why their information is required (Bronstein, & International Labor Office Staff 2009).

When giving reasons as to why certain data is collected, all future uses must be elaborated. Access of the processed data should be limited to the specific purpose they agreed to before the information was collected. The ‘finality principle’ excludes any attempt to use the information for any alternative use such as automated systems and multifunctional use that would spread and duplicate the information far and wide. Therefore this principle subjects any other purpose other than the specified one to two conditions: the new use must be related to the previous use and the employers must take any necessary precautions to avoid any misuse of the information that may result due to altering of the situation. The other condition, however, the principle strictly restricts the use of personal data to only the intended purpose. In short, this principle allows use of personal information and accepts modifications although it safe guard in both accounts (ILO, 1997).

 

Technical and organizational mitigations ensure the information is secure and handled properly .This requires vigorous and continuous monitoring especially of equipment’s which handle information such as computers. Virtual observations and monitoring should be compensated with limiting information collected in its entire course. The personal data should be only be processed for the intended purpose .Computers must not be used to collect information with the purpose of controlling or monitoring the workers’ behavior and activities. However, this does not apply to a worker who has broken the rules and his data must be processed for disciplinary actions (Bronstein, & International Labor Office Staff 2009).

 

Collecting personal information

Employees should be the main source of information concerning them. When one is the primary source of their personal information, they will know what to give out and what to restrict from access. This will put them at a better position to decide. Obtaining personal information from a worker does not include consulting former employees. However, the workers must be informed on the reasons as to why the information is being processed. In order to encourage workers to give their personal information, the consequences of withholding the information should be given. The consequences will help them decide on whether to consent or not. For example, lack of personal data requested may lead to delay or denial of claim of benefits. If a third party or company is involved in collecting the information, the employer must safeguard conditions they agreed together with the workers. The personal information and the specific purpose should be clearly articulated to the third parties (Bronstein, & International Labor Office Staff 2009).

Although employers are supposed to give out accurate data, the principle allows workers to refuse to answer questions that are not related to the reason they agreed to give out the information in the first place. In such a scenario, the employer bears the burden for the incomplete or inaccurate responses and therefore he is not entitled to force the worker to respond. Although employers are entitled to a certain amount of personal information, their responsibility to gather information straight from employees does not mean they are at liberty to dictate the means of collection. Principles whose main purpose is to protect the dignity of employees cannot ignore the invasion into employees’ privacy characterized by tests such as those designed to assess the body of workers both physically and psychologically. Due to the various number of tests used, the principle has limited the tests to include only a few approved medical procedures. In addition to this, the ILO has collaborated with world health organization and has regulated the use of psychological tests. The regulations are provided in the human resource development recommendations, 1979(no150) (Bronstein, & International Labor Office Staff 2009).

 

 

 

Securing of personal data

There should be specific measures put in place to ensure technical measures are taken to protect personal information is restrained and protected against loss or unauthorized use and modifications (Bronstein, & International Labor Office Staff 2009).

 Storage of personal data.

This principle only allows personal information which is in conformity with the agreed rules to be stored. Also, medical information related to workers conditions should be kept separately from the other data. The storage of medical data should be handled only by specialized personnel who are familiar with the rules of medical discretion. (Bronstein, & International Labor Office Staff 2009).

 Communicating using personal data

Foreign communication of information should follow and respect the fact that workers’ information should only be used   for reasons which are related to the precise employment tie .Therefore, the information cannot be used for commercial reasons. (Bronstein, & International Labor Office Staff 2009).

 

Individual rights

The principle states that the employer should provide his employees with regular data so that they can see the need of the data being used (ILO, 1997).

 

 

 

REFERENCES

Bronstein, A., & International Labor Office Staff. (2009). International and Comparative Labor Law: Current Challenges. Geneva: International Labor Organization.

Protection of workers' personal data: An ILO code of practice. (1997). Geneva.