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41 Comp. Lab. L. & Pol'y J. 147 (2019-2021)
Privacy 4.0 at Work: Regulating Employment, Technology and Automation

handle is hein.journals/cllpj41 and id is 159 raw text is: PRIVACY 4.0 AT WORK: REGULATING EMPLOYMENT, TECHNOLOGY AND AUTOMATION Frank Hendrickxt I. INTRODUCTION In 1890, Charles S. Warren and Louis Brandeis defined the right to privacy as the right to be let alone.1 Since then, privacy protection strongly evolved over time; it has taken an important place in employment law and relations. Its dynamic and open-textured character enabled legal narratives to cover a broad range of issues under the right to privacy. Originating as a traditional civil right, the right to privacy has increasingly provided important and various ways of protection in an employment context. Automation and technology are well-known phenomena that influence labor and employment relations. The introduction of machines and new technologies have triggered work organizations to adapt and labor laws to respond to change. The right to privacy has become part of labor law language. However, more recent developments and technological evolutions, such as digitalization, big data, the Internet of Things, artificial intelligence, and robotization are influencing the world of work in such a way that attention to privacy and data protection grows with an increased pace and relevance. The dynamic privacy concept keeps on adapting itself to these new challenges. New principles and rules in the context of privacy and data protection have both become appropriate and enriched the legal discourse. This brings us to the central concern of this contribution. The right to privacy has established a whole series of principles and legal mechanisms, some of which take form under the notion of data protection. Against the background of a broader reflection on the future of work, the question is how the right to privacy can be seen to have evolved and adapted itself over time. That will position its role in light of the future ways of living and working in light of different technological evolutions. It is proposed that essential legal privacy principles remain strongly relevant, but also that new meanings of t Professor of Labour Law, University of Leuven (Belgium). 1. Charles S. Warren and Louis Brandeis, The Right to Privacy, 4 HARV. L. REV. 193, 193-205 (1890). 147

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