The Limits of Employer Authority in the Digital Age: Monitoring Employee’s Duties Performance

Abstract

By virtue of the legal nature of the employment relationship, the employer possesses managerial authority, which includes the right to monitor employees’ performance of their job duties. Digitalization provides employers with new technologies for real-time monitoring (cameras, GPS trackers, biometric scanning, etc.). These technologies may lead to violations of privacy rights. Russian legislation lacks clear criteria for determining the legality of employer monitoring methods. An analysis of ECHR case law, enforcement practices and European Union legislation suggests at least the following criteria for assessing the legitimacy of employer monitoring: 1) legitimacy of the monitoring purpose; 2) suitability of the chosen means to achieve the monitoring objectives; 3) use of the least intrusive monitoring methods; 4) employee notification regarding the purposes, methods, and means of monitoring. These criteria can be applied in enforcement practice and further improvements to Russian labor legislation.

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