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Data Protection – A Firewall Between Employers and Trade Unions?

Larisa-Mădălina Munteanu, Mark Povey

DOI https://doi.org/10.21552/edpl/2022/1/8



Employee protection has always been an area of high interest for governments. However, the recent digital transformation and emergence of personal data as a ‘modern currency’ has had an impact on these protections. This article will explain how employee data protection is ensured, in the relationship between employers and trade unions and how the global regulatory framework addresses these new challenges. Although the focal point will be the European Union and the United Kingdom, a global comparison will provide an overarching perspective. An in-depth examination highlighting the role of the trade unions and employers with regard to the personal data of the employees will be carried out. Furthermore we will outline our innovative concept of ‘diagonal interoperability’ and define the ‘trade union membership’ notion, based on case law, expert opinion and authorities’ recommendations.
Keywords: Employee Data Protection | Trade Unions | Diagonal Interoperability

Larisa-Mădălina Munteanu is Data Protection Lawyer and Deputy Data Protection Officer at JS Information Governance Ltd, the United Kingdom  LL.M. Graduate in International and Comparative Business Law, Babeş-Bolyai University, Faculty of Law. For correspondence: <Larisa@Js-ig.com>. Mark Povey is Technical Director and Lead Data Protection Officer at JS Information Governance Ltd, the United Kingdom. For correspondence: <Mark@Js-ig.com>.

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