Resúmenes (Estudios)
| Páginas | 225-227 |
225
TO THE STANDARDIZATION OF THE TELEWORKING. Umberto Romagnoli
Abstract: This article analyzes the problems which present the regulation of
teleworking in Italy after the COVID19 pandemic, which this author includes in
a declining tendency of the Labour Law in a context of general metamorphosis
of the work. So we present the problems derived from a way to organize the
work whose virtuality depends on the individual autonomy, in the framework
of the protection of the privacy of the private life developed in a private place
guaranteed by the Constitution, and it can allow opening a kind of personal
self-exploitation, the predictable drift of the implementation of this way of work
organization towards the business ius variandi, and the difficulty of its regula-
tion by the collective bargaining in the framework of a regulatory system which,
since the previous caused by the austerity policies, imposed the possibility that
the company agreement abrogated the sectorial collective agreement or even
the legal norm. A prescription which implies the subversion of the system of
sources of Labour Law, which must be submitted to a deep criticism.
Keywords: Smart working, individual autonomy, Subordinate employment, Col-
lective Bargaining, Sources of Law.
THE IMPACT OF THE NEW DISRUPTIVE TECHNOLOGIES ON THE RIGHTS OF PRIVACY
(PRIVACY AND EXTIMIDAD) OF THE EMPLOYEE. José Luis Goñi Sein
Abstract: The new digital technologies, which have colonized the company in
all its areas, show an enormous power to affect the fundamental rights of the
employees. A great concern hovers over the privacy, understood as an inclusive
formula of the values related to privacy and “extimidad”. The machines, the
applications and the smart devices, with the registration and the processing of
a large amount of information, compromise not only aspects related to their
private life but also other aspects related to the digital external information.
The current system of guarantee of the digital rights tries to solve the problems
of limits to the employer use of these new technologies, but it is not enough.
It is needed the integration of the duties and principles of data protection,
particularly, an impact assessment, to guarantee an effective protection of the
employee privacy.
Keywords: Employer surveillance, Employees privacy, Personal Data Protection,
Digital Rights, Video surveillance, Data Protection Impact Assessment, “extimi-
dad”.
ABSTRACTS
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