WORKPLACE SURVEILLANCE, HUMAN RIGHTS DUE DILIGENCE, AND PRIVACY BY DESIGN

A CASE STUDY ANALYSIS

Abstract

The rise of surveillance technologies in workplaces has dramatically expanded in recent years. While such technologies promise efficiency gains, they create an atmosphere of “digital panopticism”, thereat posing complex challenges for protecting employees’ privacy. Several complaints have emerged declaring that companies’ algorithmic practices have violated privacy rights and data protection laws. This article critically examines and analyses H&M case, highlighting how failures in Human Rights Due Diligence (HRDD) and Privacy by Design (PbD) have led to significant legal, reputational, and operational risks. Identifying patterns of shortcomings, the author proposes holistic approach, integrating both Human Rights Due Diligence (HRDD) and Privacy by Design (PbD). This approach mitigates the adverse effects of surveillance while prioritizing employee rights, thereby fostering a healthier work environment that enhances mutual trust, respect for employee privacy, and organizational productivity. In the framework of this approach that can create a comprehensive privacy protection system the author proposes best practices for responsible monitoring that respects both human dignity and data protection requirements.