Vad vet din arbetsgivare? Plattformsarbetares rätt till privatliv i ljuset av plattformsdirektivet

Sammanfattning

As the platform economy develops, algorithmic management has become an increasingly common feature for many platform workers. New technologies enable increasingly intrusive control systems powered by artificial intelligence. The purpose of this thesis is, therefore, to examine platform wokers’ right to privacy and integrity considering this development. This is done against the backdrop of the Platform Work Directive, which enters into force in autumn 2024, and the right to privacy under Article 8 of the ECHR. The new Platform Work Directive establishes certain red lines for platform employers’ permissible handling of information in automated monitoring and decision-making systems. Additionally, requirements are imposed for transparency and information to be provided to, among others, the platform worker regarding the use of such systems. Article 8 of the ECHR protects the right to privacy and is also significant for safeguarding platform workers’ personal integrity – even though no case involving the right to privacy in platform work has yet been examined by the European Court of Human Rights. This thesis, therefore, explores the applicability of Article 8 of the ECHR in cases of digital monitoring of workers by the European Court of Human Rights to identify the general principles that apply to the article’s implementation and that may be applied to the case of a platform worker. The analysis discusses the main question: what legal implications does the new Platform Work Directive have for platform workers? This is done through a comparison between the regulation in the Platform Work Directive and Article 8 of the ECHR. The comparison highlights certain similarities, such as the importance of informing workers about potential monitoring. Certain differences are also noted, including the absence in the Platform Work Directive of regulations regarding the extent to which or the purpose for which automated monitoring systems may be used – an aspect that is central to the assessment under Article 8 of the ECHR. Finally, some concluding remarks and suggestions for future studies in the field are presented.