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Theoretical and Practical Aspects of the Processing and Protection of Personal Data of Employees

Student: Trofimova Anastasiya

Supervisor: Maria Panarina

Faculty: Faculty of Law

Educational Programme: Legal Support for Corporate and Human Resource Management (Master)

Year of Graduation: 2021

Currently, the issue related to the protection of personal data is especially acute. This circumstance actualizes the current age of digitalization, when information spreads quickly enough and can become available to an indefinite circle of people. In addition, personal data is a component of the private life of every citizen. Of particular interest is the employment relationship, namely the personal data of the employee. This interest predetermines that the personal data of an employee is not just information that identifies his personality, but is also associated with his skills and professional sphere. Unfortunately, today we can state the fact that there is a general definition of personal data, but there is no legislative consolidation of the definition of the concept of personal data of an employee, which would take into account the specifics of the data of this particular category of persons, as well as the list of information that makes up this definition. In this regard, discussions on the definition of the designated term have intensified in the scientific community, and in law enforcement practice there are disagreements about what should be recognized as personal data by employees and what should not. In this regard, in judicial practice, there is a non-uniform approach to resolving cases from this category of disputes. The latter circumstance contributes to the violation of the legitimate rights and interests of subjects of labor law, since the courts often make decisions that are directly opposite to other decisions on similar circumstances of the case. Consequently, the relevance of the topic is predetermined by the fact that the legal regulation of the employee's personal data needs to be improved, since it has a number of unregulated aspects. In addition, despite the fact that issues related to the personal data of an employee are the subject of lengthy discussions, many aspects of this topic remain not fully investigated and not regulated, which makes it possible to attach special importance, relevance and timeliness to conducting research on a selected topic. In connection with the above, it seems that the selected issues emphasize the relevance and relevance of research on this topic, both in theoretical and practical aspects. The purpose of this study is a comprehensive analysis of the legal framework and practice of labor law regulation of relations for the processing and protection of personal data of employees, as well as the formation of scientifically based proposals for improving the regulation of the relations in question. The structure of the master's thesis consists of an introduction, three chapters, including eleven paragraphs, a conclusion, a bibliographic list, and annexes.

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