Privacy Issues in Employment Law

A fundamental right of great importance in employment law practice is the employee’s right to respect for their private life, or ‘privacy’. Personal data refers to any data that can provide information about a specific individual. This includes the usual personal details (name, address, date of birth), as well as information such as your national insurance number, occupation, nationality or medical details. Questions that may arise in this context from an employment law perspective include, for example, whether an employee has the right to enter into a romantic relationship with a colleague, whether an employer may prohibit the wearing of piercings, whether an employee is required to undergo a medical examination by the company doctor in the event of illness, and whether an employer may monitor the conduct of its employees using cameras or other staff monitoring systems. The question is always whether an employer may restrict an employee’s right to privacy, or whether the employee’s privacy takes precedence.