Privacy at work

Abstract

Today, there is a widespread recognition of the horizontal effect of fundamental rights. The labourcontract represented everywhere, in democratic systems, the natural framework for the development of such an effectiveness of constitutional precepts and values, with the need of answering to the question of whether-and to what extent–the interests that are in the basis of the employer's power require and justify in casuthe limitation of the employee ́s freedom.The Portuguese Labour Code, in articles 14 and following, expressly recognizes certain fundamental rights of the human being in the workplace,including the privacy. The employee has, in fact, the right to expect a certain degree of respect for his privacy in the workplace, which is where he develops an important part of his relations with others. This right shall, however, be balanced with other rights and legitimate interests of the employer, in particular the rights to effectively manage his enterprise and specially to protect himself from liability or damage caused by employee ́s actions.The case law –namely that of the Supreme Court of Justice -has influenced the evolution of the Labour Law, contributing to the interpretation of the lawand the resolution of some controversial employment issues, e.g. in matters related to fundamental rights. In the final part of this article we will seek toprovide a brief overview of some innovative case law issued by the Social Chamber of the Portuguese Supreme Court, particularly after entering into force the Portuguese Labour Code in 2003.