Voluntariness of employees’ consent to the processing of personal data. Legal, psychological, and organizational aspects

StatusVoR
Dublin Core metadata
Alternative title
Authors
Górnicz-Mulcahy, Agnieszka
Lewandowicz-Machnikowska, Monika
Grzyb, Tomasz
Monograph
Monograph (alternative title)
Date
2023
Publisher
Journal title
Hungarian Labour Law E-Journal
Issue
Volume
2
Pages
Pages
68-81
DOI
ISSN
ISSN of series
Weblink
https://www.hllj.hu/
Access date
2023
Abstract PL
Abstract EN
Consent is crucial in the employee-employer relationship, with the employee often in a weaker position. Of particular concern is when the employee grants consent, giving the employer unilateral authorization to impinge on their autonomy. For consent to be genuine, it must be freely given without any coercion or specified content. This article explores the regulation of consent in the European Union’s personal data protection laws, highlighting the need for psychological considerations when legislating voluntary consent. The legal definition of voluntary consent for sharing and processing personal data is analyzed, and empirical research raises doubts about the true autonomy of employees when giving or withdrawing consent. The result of the study shows that employees may feel pressured to provide consent, as their livelihood and that of their family may depend on it. Employers should be aware of these issues. In conclusion, we indicate that consent as a tool for shaping the legal position of employees should be abandoned or only permitted in exceptional cases, taking into account both legal and psychological considerations and implementing additional protective measures.
Abstract other
Keywords PL
Keywords EN
employee consent
employee personal data
imbalance of parties in an employment relationship
Keywords other
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URI
https://share.swps.edu.pl/handle/swps/802
Type
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cc-by
Except as otherwise noted, this item is licensed under the Attribution licence | Permitted use of copyrighted works
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Related publication
Related publication
Grant/project name
Consent as an event in labour law
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Acquisition Date18.10.2024
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Acquisition Date18.10.2024
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