Balancing Wearables in the Workplace: Protecting Privacy and Human Rights - a Legal Analysis within the European Legal Framework.

Abstract

Digitalization is transforming the current work environment. With the incorporation of new technologies in the workplace arise challenges especially regarding privacy and human rights. Since wearables and Internet of Things (IoT) devises are becoming increasingly important for business operations, the analysis focuses on the privacy and human rights implications arising from the incorporation of wearables in the workplace. Specifically, a legal analysis of the current EU regulatory framework is elaborated to examine the effectiveness in addressing the privacy and human rights challenges. The General Data Protection Regulation (GDPR) is examined in detail and complemented by other relevant regulations and directives aimed at mitigating privacy concerns, as well as the European Convention on Human Rights. Germany’s approach will be presented as an example to demonstrate the implementation of legislation based in a case study. The analysis reveals that while the European legal framework is notably robust in terms of protecting personal data there remain significant gaps in ensuring privacy and upholding the human rights when implementing wearables in the workplace. These gaps include issues related to employee consent, liability, transparency and the potential violation of human rights, such as the right to equality and the right to freedom from discrimination. A balance between legal and ethical considerations is essential to protect the privacy of employees. In response to these challenges, this study proposes solutions that aim to balance ethical and technical aspects and address legal issues. These proposed solutions take into account the perspectives of all stakeholders and aim to improve the legal framework to effectively address the complex challenges arising from the integration of wearables in the workplace.