New limits to the remote monitoring of workers' activities at the intersection between the rules of the Statute and the privacy Code

Abstract

This paper examines the provisions contained in the new article 4 of the Worker’s Statute that limit the employer’s monitoring powers.After more 40 years, this article is being changed by article 23 of d.lgs. 151/2015 with the purpose to revise the legislation in connection with development of modern technologies.In particular, emphasis is given to the difficult to implement and interpret the law in relation to the scope for employers to control how employees use the internet and emails at work.The new article is analysed in accordance with the rules of Italian Data Protection Code (d.lgs. 196/2003) and the norms laid down by the Italian Data Protection Authority.