Search

Trade union as a data controller: Selected issues The study covers the issues of identifying trade union structures as data controllers at the level of collective employment relations. Considering the specific nature of the subject matter of trade unions’ activity, the issue of processing personal data accompanies them in the performance of their tasks, often causing interpretation problems. The article also focuses on the characteristics of a trade union organization as a data controller. The analysis also covers the grounds for data processing, with particular emphasis on the legality of data processing subject to special legal protection.

The reform of the EU’s personal data protection regulations introduces the institution of the Data Protection Officer, assigning it a key role in the new personal data protection system thereto. Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, builds the personal data protection model, wherein the main responsibility for adequate assessment of the risk associated with the processing of personal data and for the implementation of internal procedures to assure compliance of the referenced operations with the personal data protection regulations rests with a database administrator. Simultaneously, a database administrator should be capable of proving that he/she has duly met the requirements under the regulations, thus following the crucial rule for the processing of personal data, i.e. data accountability. The EU regulations describe the means and mechanisms to be used by a data processor to a lesser extent than those in force hitherto, focusing more on ensuring the standard of the protection of individual rights through data controllers' ethical and responsible activities. The key part in the new personal data protection model will be played by the institution of the Data Protection Officer, intended to become a real guarantor of due observance of the personal data protection regulations. In this context, the appointment of the Data Protection Officer by database administrators, not bound to do so by law, should be judged a sign of the organization's corporate social responsibility for the impact of its decisions and activities on society through transparent and ethical conduct. It is therefore essential to emphasize the important function to be performed, the authority to be had, and the necessary preparatory action to be taken by the Data Protection Officer to that effect. The new regulations should be regarded as a chance to professionalize both the individuals, serving as information security officers and, in the near future, the data controllers, as well as the entire occupational group. The “Annales. Ethics in Economic Life” is affiliated and co-financed by the Faculty of Economics and Sociology of the University of Lodz.

Currently, in the sphere of relationships at work, the issue of behaviours classified as unethical, which cause the violation of the employee’s dignity and other personal rights, is increasing. Mobbing is one of the manifestations of such behaviours described in the provisions of the Labour Code. The phenomenon of mobbing refers to the quality of interpersonal relationships at work and affects the operation of the entire organisational structure of the employer. This is the most severe example of the violation of personal rights because this is a kind of harassment, namely psychological terror effected by one person or more against (typically) one person. Thus, the subject of the study is an analysis of mobbing especially with regards to the employer’s obligation to oppose mobbing practices. Ethical behaviour towards staff is not only the condition of observing the principles of community life in the work environment, but is a building block for creating a positive image of the employer in business. Therefore, such behaviours as mobbing, which endanger that image, pose a significant problem for the employer and bring about severe effects, also for finance.

The subject of this paper is to analyse the reconstruction of the pension system resulting from legislative changes introduced in 2011, the most important being the transfer of part of pension contributions from the open pension fund (OFE) to a newly set up special subaccount managed by the Social Insurance Institution, modifications in administrative regulation of open pension funds investment policy and introduction of tax incentives for making additional savings for retirement purposes. These transformations result from assumed financial goals such as reduction of public debt growth by reducing the cost of introducing the second capital pillar in 1999. However, given the social importance of pension insurance the changes should be assessed against assumptions of the pension reform of 1999 and constitutional principles.

Canvassing has become a profession following the pension system reform that established open pension funds collecting contributions from individuals. Because pension insurance performs social functions, it is necessary to ensure that the canvassers demonstrate professionalism as well as the necessary ethical attitudes. This means that the appropriate legal criteria for their selection must exist and that the persons themselves should meet integrity and moral requirements, so that the reliability of services is guaranteed. Canvassing focuses on persuading individuals to join an open pension fund (OPF) or remain its member so it plays a relatively important role. In the first place, the canvassers impart knowledge on how the pension system works, on the importance of being an OPF member, etc. Besides, canvassing accounts for a large part of OPFs’ financial management that spent increasingly large amounts to acquire new members as reported by the Polish Financial Supervision Authority. Poaching members of other OPFs, particularly those with long membership, is an effective way for a fund to increase the value of its assets, however multiplying the canvassing costs. The insured themselves are also affected, as the canvassers compete for them ruthlessly, reaching sometimes for ethically dubious methods.

Udostępnienie publikacji Wydawnictwa Uniwersytetu Łódzkiego finansowane w ramach projektu „Doskonałość naukowa kluczem do doskonałości kształcenia”. Projekt realizowany jest ze środków Europejskiego Funduszu Społecznego w ramach Programu Operacyjnego Wiedza Edukacja Rozwój; nr umowy: POWER.03.05.00-00-Z092/17-00. Publikacja dofinansowana przez Uniwersytet Kardynała Stefana Wyszyńskiego

Currently, in the sphere of relationships at work, the issue of behaviours classified as unethical, which cause the violation of the employee’s dignity and other personal rights, is increasing. Mobbing is one of the manifestations of such behaviours described in the provisions of the Labour Code. The phenomenon of mobbing refers to the quality of interpersonal relationships at work and affects the operation of the entire organisational structure of the employer. This is the most severe example ofthe violation of personal rights because this is a kind of harassment, namely psychological terror effected by one person or more against (typically) one person. Thus, the subject of the study is an analysis of mobbing especially with regards to the employer’s obligation to oppose mobbing practices. Ethical behaviour towards staff is not only the condition of observing the principles of community life in the work environment, but is a building block for creating a positive image ofthe employer in business. Therefore, such behaviours as mobbing, which endanger that image, pose a significant problem for the employer and bring about severe effects, also for finance.

The subject of this paper is to analyse the reconstruction of the pension system resulting from legislative changes introduced in 2011, the most important being the transfer of part of pension contributions from the open pension fund (OFE) to a newly set up special subaccount managed by the Social Insurance Institution, modifications in administrative regulation of open pension funds investment policy and introduction of tax incentives for making additional savings for retirement purposes. These transformations result from assumed financial goals such as reduction of public debt growth by reducing the cost of introducing the second capital pillar in 1999. However, given the social importance of pension insurance the changes should be assessed against assumptions of the pension reform of 1999 and constitutional principles. Key words

Canvassing has become a profession following the pension system reform that established open pension funds collecting contributions from individuals. Because pension insurance performs social functions, it is necessary to ensure that the canvassers demonstrate professionalism as well as the necessary ethical attitudes. This means that the appropriate legal criteria for their selection must exist and that the persons themselves should meet integrity and moral requirements, so that the reliability of services is guaranteed. Canvassing focuses on persuading individuals to join an open pension fund (OPF) or remain its member so it plays a relatively important role. In the first place, the canvassers impart knowledge on how the pension system works, on the importance of being an OPF member, etc. Besides, canvassing accounts for a large part of OPFs’ financial management that spent increasingly large amounts to acquire new members as reported by the Polish Financial Supervision Authority. Poaching members of other OPFs, particularly those with long membership, is an effective way for a fund to increase the value of its assets, however multiplying the canvassing costs. The insured themselves are also affected, as the canvassers compete for them ruthlessly, reaching sometimes for ethically dubious methods.

This study concerns the ethical problems of personal data protection at work. The aim of this project is the analysis of the law structures, which determine the range of protection personal data of the employee and the candidate to work and the rights of data collecting and processing by the employer. The employee privacy protection at work is the principle of labour law expressed in Article 11 of the Labour Code. However personal data protection problem is directly regulated by Article 22 of the Labour Code, which entitle employers to demand certain personal data from the employees and the candidates to work. The regulation determine the list of data, which may be the subject of legal actions by employer in the field of collecting and processing of personal data. The most important issue is connected with the treatment of sensitive information, such as health data, drug testing and genetic testing, sex life, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership. Personal data protection means the necessity of cooperation between the employee and the employer not only in the field determined by the law but on the basis of ethical values as well. Hence the employer’s obligation to keep from actions which directly interfere in employee’s protected personal effects. But the employee is obliged to give true information about himself in order to protect his health and life at work.