THE RIGHT TO PRIVACY OF PERSONAL AND FAMILY LIFE IN THE PARADIGM OF DECENT WORK: CONSTITUTIONAL IMPERATIVES AND CRITERIA FOR A FAIR BALANCE

Abstract

The article is devoted to a comprehensive theoretical and legal analysis of the problems of ensuring and protecting personal non-property rights in the field of labor under conditions of rapid digitalization, the development of algorithmic management, and the spread of remote forms of employment. In the modern world, labor relations undergo a fundamental transformation, which requires a rethinking of traditional approaches to determining the limits of the employer's authority. It has been proven that the realization of a person's constitutional capacity, particularly when exercising the right to work, should not result in the erosion of their human dignity and informational autonomy. Emphasis is placed on the fact that the fundamental right to the inviolability of private and family life becomes particularly vulnerable in the digital age. When an employment contract is concluded, the employee, a priori, finds themselves in a state of economic and legal subordination, while the employer obtains a legitimate interest in collecting and processing the information necessary for the enterprise's functioning. However, such interference cannot be limitless. It is substantiated that any collected information constitutes personal data, the collection and processing of which must be subject to strict criteria of proportionality and the principle of minimization. The study emphasizes that the classical social function of labor law must be conceptually expanded today. It should encompass not only the protection of the individual in the workplace but also the safeguarding of their mental health and personal space, including their family and its everyday life. The blurring of working time boundaries due to constant digital accessibility poses a direct threat, as the family members of the labor subject involuntarily become objects of indirect surveillance through home communication devices or suffer from a lack of psychological immersion in shared leisure. It is proven that the modern paradigm, based on decent work, demands a categorical rejection of the outdated economy-centric approach. In the new anthropocentric model, the key measure is fairness, which serves as an effective legal filter against arbitrariness and total digital control (e.g., video surveillance, monitoring of electronic correspondence). European standards (in particular, the Bărbulescu test and Convention 108+) are analyzed, and it is proposed to implement them into national legislation. A conclusion is drawn regarding the insufficiency of the current norms of the Labor Code of Ukraine and declarative civil law initiatives for the full protection of the individual. The urgent need to enshrine clear sectoral guarantees of privacy protection at the level of prospective labor legislation is proven. The key among them should be the inalienable right to disconnect during non-working hours without the risk of disciplinary or discriminatory consequences.