The personality rights of employees and the triad of the employers of powers: the monitoring of electronic mail

Abstract

This work aims to study the breach of confidentiality and access to employee information by the employer in the workplace and its implications. It is known that the employment contract requires the recognition of workers' dignity and seeks to ensure and protect the social and fundamental rights of the human person and, since the worker is part of a disadvantage in the employment   relationship. The right to privacy includes the Personality Rights listed in the Portuguese Labour Code, which in turn, is in line with human rights constitutionally guaranteed. From this perspective it appears that the rights to personality penetrate the working relationship and erect as an important limit on the employer's powers and at the same time, as a guarantee of the exercise of several fundamental rights. However, to what extent could the employer violates the electronic correspondence worker under their occupation? And to what extent can the employee to use the structure of the media company without setting abuse on your part? This study is relevant to the extent that seeks to answer questions and make reflections on this subject widely discussed in the legal system.