Mirjana Popovic

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Supreme Court of Cassation, Belgrade



The right to privacy, in private and family life, home and correspondence, as one of the human rights, is guaranteed by the Constitution of the Republic of Serbia and numerous international acts. Employees, as human beings, also enjoy this right. However, due to the modernization of work, which is a product of globalization, the right to privacy in the workplace has become questionable. The work before us deals with the questions of to what extent this right of the employee can be limited and for what reasons. There is no universal definition of "privacy", so to clarify this term, examples from the practice of the European Court of Human Rights, the courts of Croatia, Montenegro and Serbia in this area will be presented. In that way, it will give a comprehensive approach to how privacy rights in the workplace are defined and how they are regulated in court practice. The analysis of the exposed cases will lead to the conclusion that this right in the workplace is not absolute and that it can be limited in certain situations and for certain reasons that both the employer and the employee must adhere to.