Databeskyttelse under ansættelsesforhold: Databeskyttelse under ansættelsesforholdet

Yogasingham, Zagana

4. semester

Jura, Kandidat

2024

2024-03-28

64 pages

Personal data protection is a central theme in the modern information society. Data protection is to a large extent part of many societal areas, each area must be assessed to a large extent with regard to the legal regulations and customs that exist in the individual areas. This is also the case for personal data processing during employment. Both private and public employers process large amounts of personal data of employees during employment. In doing so, the following questions arise, what must the employer do with the information, that the employer possesses? Also, whether an employer can pass on information about employees to other parties and if so, on which legal grounds? And if this personal data, which may be stored, what it might be used for and to what extent? May the employer use control measures against the employee? The common denominator for these questions is that the data protection law has an answer to how the questions can be resolved. This master thesis searches to understand the legal rights of an employee and how the employees are protected by the General Data Protection Regulation and the Danish Data Protection Legislation. To achieve this, the thesis has examined how employer processes information about the employee, and on which legal basis/grounds the employer manages the data and which obligations the employer is imposed by law. Only when it is clear, what basis of treatment and considerations the employer has used, how he treats the information and under which circumstances and reasoning for employer’s deviation from law, will it be clear to understand, how the employer protects the rights of the employees. The thesis has used the legal dogmatic method. The purpose of the method is to describe, interpret and systematize applicable law. In doing so, the dissertation's conclusion is that, despite the present inequality – The General Data Protection Regulation and the Danish Data Protection Legislation aim to protect the employee's rights. It can be seen when the employee is entitled to special rights that seek to protect the employee against the employer's abusive or unreasonable processing of personal data. In addition, pursuant to the data protection regulation, The Danish Data Protection Legislation, a variation of obligations and considerations are imposed on the employer, which the employer must observe and consider when managing the data of an employee. Based on the analysis of the thesis, it can be concluded that employees' personal data and their rights are protected by the processing of personal data during the employment relationship, this is all possible, due to the law being organized to protect the rights of these individuals.

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