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MIHNEA VALENTIN STOICESCU, The protection of the employee’s private correspondence by criminal law means

Abstract: Reality shows that people spend most of their time at work or engaging in activities regarding their workplace. Also, most of their social ties are created at work. On the other hand, due to always increasing competition, employers pay more attention over the protection of the industrial secrets and on the loyalty of the employees. There needs to be a balance between the employee’s right to privacy and the employer’s conflicting right to look over the good of the organization. This article aims to analyze the level of protection awarded by Romanian law regarding the employee’s right to have his private correspondence protected, taking into consideration the latest ECHR case-law and emphasizing the criminal law means of protection. The article will emphasize the need of a more broad view of the violation, taking European standards into consideration, and will analyze the particularities of employees who, considering their job, must accept a higher level of intrusion in their private lives.

Key words: Employee, private correspondence, criminal law


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