BUSINESS AND HUMAN RIGHTS / Šturma, Mozetic (eds)

Charter of Fundamental Rights and Freedoms 12 and Articles 47 and 51 of the Polish Constitution. 13 The inviolability of the person and of one’s privacy is guaranteed in Article 7 (1) of the Czech or Slovak Charter. This may be limited only in cases provided for by law. The Czech Charter endorses every individual with the right to be protected from any unauthorised intrusion into one’s private and family life. Moreover, everyone has the right to be protected from the unauthorised gathering, public revelation, or other misuse of one’s personal data. In Poland, everyone has the right to legal protection of one’s private and family life, of one’s honour and good reputation, and to make decisions about one’s personal life. According to the Romanian Constitution, public authorities shall respect and protect intimate, family, and private life. Any natural person has the right to freely dispose of oneself unless by this, one infringes on the rights and freedoms of others, on public order, or morals. The Slovak Constitution provides the right to protection against unwarranted interference in one’s private and family life. Everyone has the right to protection against the unwarranted collection, publication, or other illicit use of one’s personal data. The Constitution explicitly guarantees the privacy of correspondence and secrecy of mailed messages and other written documents and the protection of personal data. No one can violate the privacy of correspondence and the secrecy of other written documents and records, whether they are kept in privacy or sent by mail or in another way, with the exception of cases to be set out by law. Equally guaranteed is the secrecy of messages conveyed by telephone, telegraph, or other similar means. The applicability of human rights under the European Convention on Human Rights 14 to respective legal orders is a complicated matter. Employers are required to obey the Convention if they are a public authority. If not, then they are required to comply with national law. 15 Another layer of protection, this time mainly against the encroachment on employees’ private communication is enshrined in the general regulation on data protection. Employers do not only need lawful grounds for processing data, but they also have to provide the legal data processing policy. Because employers generally cannot base the processing of personal data of employees on the ground of consent, another legal ground must apply. This means that the processing must be necessary (i.e., proportionate), for one or more of the reasons provided by the general regulation on data protection. and entered into force pursuant to its approval by the national referendum of 8 December 1991. It was published in the Official Gazette of Romania, Part I, No. 233 of 21 November 1991. 12 The same Charter of Fundamental Rights and Freedoms that was adopted as an appendix of the statute No. 23/1991 Collection. In the Slovak Republic, it has never been amended. 13 The Constitution of the Republic of Poland ( Konstytucja Rzeczypospolitej Polskiej ) was adopted by the National Assembly of Poland on 2 April 1997, approved by a national referendum on 25 May 1997. The Constitution has been amended once; the amendment was passed by the Sejm on 8 September 2006. 14 The Convention for the Protection of Human Rights and Fundamental Freedoms. 15 BRENNAN, D.: Monitoring employee emails – how far is too far? P. & D.P. 2016, 16(4), 3-5 Privacy & Data Protection , p. 4.

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