Information Technology and Workers' Privacy : The Italian Law

This article examines the way in which Italian law protects workers' rights to privacy. It starts with an analysis of the rules established by Law No. 300/1970 (commonly known as the Workers' Statute): these constitute an early attempt to protect workers' privacy. It then goes on to examine the more recent legislation on the processing of personal data (Law No. 675/1996, which transposed the requirements of European Directive 95/46/EC into Italian law). A detailed examination is made of the choices taken by the Italian Legislature in respect of the way in which the right to privacy is affirmed within the context of work relationships. The form of privacy protection differs according to the nature of the data involved: for example, whether the data concerned a worker's professional capacity, or whether they deal with more personal matters. The adequacy and effectiveness of this system of privacy protection is assessed, above all in relation to the needs that may arise when the employer uses the latest information technologies in the management of labor relations. This leads on to an assessment of whether employers may, in practice, exercise their privacy rights under these laws, and - given the finding that employees acting as individuals may encounter serious difficulties in doing so - to an assessment of the success of the Italian data protection law in the field of employment