Bernd KinzingerStrafbewehrte Arbeitnehmerüberwachung

About this book englishenglish

Employee monitoring – a topic at the interface between labor law, data protection law and criminal law. Data protection law in particular has developed rapidly over the past 20 years with the BDSG and the DSGVO. Nevertheless, the German legislator has still not been able to bring itself to enact an employee data protection law. Consequently, the (criminal law) limits of the permissibility of surveillance measures in the workplace are still not sufficiently clarified. The author takes up this issue and addresses the most important practical surveillance measures of the employer (video and telephone surveillance, telecommunications surveillance, post controll and GPS surveillance).

With this study, the author develops a coherent, self-contained system of employee monitoring by way of a substantive and procedural comparison between labor law, data protection law, and criminal law.

First, the substantive criminal law level (§§ 201-206 StGB and § 42 BDSG) is analyzed with special consideration of labor law and data protection law evaluations. Above all, the question is addressed as to whether the data protection law permission norm from § 26 BDSG can function as a criminal law justification.

Subsequently, the procedural situation of employee monitoring is discussed and the relationship between civil procedural and criminal procedural prohibitions on the use of evidence is examined in more detail against the background of employee data protection. In doing so, the author develops uniform civil procedural and criminal procedural standards for employee monitoring.

Ihr Werk im Verlag Dr. Kovač

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