Privacy: at the one-year point 2018, the new EU rules entered into force

Privacy: at the one-year point 2018, the new EU rules entered into force

Pending the entry into force in all EU countries of the new European Personal Data Protection Regulations, the Guarantor continues his consultative work in the field of employment relations.

In fact, privacy legislation often intersects the rules governing the employment relationship: for example, the application of a disciplinary measure presupposes the processing of the personal data of employees. Even workers behaviour outside the scope of their job may involve the handling of sensitive personal data (breach of trust).

In the event of a disciplinary complaint against the employee on the basis of reports from company suppliers, the Guarantor, pursuant to Art 7 Privacy Code, has recognized the right of the worker to know the identity of third party “signalers”. Again, the Guarantor of 22 December 2016 on the Employer’s intrusion into the former employee’s email account stated that it was not in accordance with the principles of necessity, pertinence and surplus, the ten-year retention on corporate employees of the former employee’s personal data. Not only that: the legislature, meanwhile, with the Jobs Act has modified Art. 4 of the Workers Statute of Rights by allowing the employer to measure and evaluate employee performance (always respecting privacy) acquired via Smartphone.

By 25 May 2018, the current Privacy Code will be replaced by the European Regulations (otherwise, regulatory coordination will be required) and in any case we believe that all companies with head offices in the EU will have to adapt their policies on Privacy and related IT systems to the new EU legislation, staff directors, internal business lawmakers and lawyers will be involved in this issue. Public administrations will have to comply with many of these requirements, including non-compliance with sanctions, applicable to private individuals. Regulations in their best deal with astonishing figures: 20 million euros or 4% of total turnover.

Other important changes introduced by the new legislation will be the identification of the “supervisor and/or data controller”, better known as the Data Protection Officer (DPS). The DPA may be an employee or collaborator of the company and will have precise tasks such as informing employees about rights and obligations of the Privacy Act, verifying the implementation of laws, supervising employees and acting as a contact point with the Guarantor for the protection of personal data.

From 2018, maybe, we will feel more European?

 

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