Balancing Data Protection and Workplace Justice: GDPR’s Role in Employee Rights and Representation

  • Panel
  • Orangerie
  • Wednesday 21.05 — 11:50 - 13:05

Organising Institution

Centre for IT and IP Law (CiTIP) - KU Leuven

Belgium

  • Academic 3
  • Business 1
  • Policy 2
This panel discusses the relationship between the GDPR and workers’ rights, with particular emphasis on the right to association. It examines the obligations trade unions bear in managing sensitive data, such as membership and political beliefs, and their impact on their daily operations, and advocacy efforts. The discussions analyse whether these regulatory frameworks may inadvertently impact unions' ability to advocate effectively on behalf of workers. Another key focus are the safeguards provided by the GDPR against employer access to union membership data, assessing the risks of misuse and potential cases of worker surveillance, while examining whether access can ever be justified. The panel further explores the GDPR’s implications for union-led collective enforcement under Article 80. Ultimately, the discussions aim to propose a more nuanced regulatory approach—one that strikes a careful balance between safeguarding personal data and upholding essential workers’ rights.

Questions to be answered

  1. How can the right to personal data protection be balanced with the right to organize? What obligations do trade unions have for managing special category data?
  2. How does the GDPR shield workers’ data rights in the workplace, and what has been its impact on litigation involving workers’ data rights?
  3. What are the implications for collective enforcement under Article 80 GDPR? Can trade unions lead such collective enforcement?
  4. How is workplace surveillance evolving in the digital age, and where should regulatory “red lines” be drawn?

Moderator

Irmak Erdoğan Peter

Centre for IT & IP Law (CiTiP) - Belgium

Irmak is a postdoctoral researcher at CiTiP, where she has been leading the legal aspects of the EU Starlight Project and conducting research under the CIF Project since 2022. Her work focuses on the intersection of criminal law, data protection, and cybersecurity. She earned her PhD from Galatasaray University in 2022 with a dissertation on Artificial Intelligence and Data-Driven Criminal Justice. During her PhD, she conducted research at the University of Florence and the University of Basel as a Swiss Government Excellence Scholar. Irmak is a licensed lawyer from the Istanbul Bar Association and has worked briefly in media law, criminal law, and human rights law.

Speaker

Nikos Papadopoulos

Homo Digitalis - Greece

Nikos is an Associate at Ballas Pelecanos Law, specializing in Data Privacy, Technology, Media & Telecommunications, and Intellectual Property. He holds an LL.B. from Democritus University of Thrace and an advanced LL.M. in Law and Digital Technologies from Leiden University. Nikos advises clients on privacy compliance, intellectual property in the digital environment, blockchain, AI, and telecommunications. He is an active member of the Lexing-Advanced Technology Law Network, has authored articles on technology law, and speaks at industry conferences. In 2023, he joined the European Data Protection Board’s Support Pool of Experts. Nikos is also involved with Homo Digitalis, a Greek NGO focused on digital human rights, and the Athens Lawyers’ Trade Union.

Speaker

Larisa Munteanu

Erasmus School of Law/Protector PriVit - Netherlands

Larisa is a PhD researcher at Erasmus University Rotterdam, focusing on data protection requests in malware attacks using Law and Economics, doctrinal, and comparative legal analysis. She started her career in the UK as a Data Protection Lawyer and Officer, in 2021. More recently, she established her own business specialized in data protection services. Accredited by the International Association of Privacy Professionals (CIPM, CIPP/E), her expertise spans cyber-crimes, AI, and global data protection regulations, proven by numerous contributions in the field. Larisa won the 2022 Best International Future Lawyer Award and has delivered training on data protection, copyright, and AI at the Court of Justice of the EU.

Speaker

Eva King

Arbeiterkammer Vorarlberg - Austria

Eva is an Austrian economist and EU Representative of the Austrian Chamber of Labor. She has held key roles, including Director General of the Chamber in Vorarlberg, positions at the Austrian National Bank, the European Commission, and Managing Director of a U.S. financial services provider. Specializing in sustainable economic development, innovation, and labour rights, she has contributed to various projects with leading companies and at the macroeconomic level. She holds a degree in economics from Vienna Business School and studied Territorial Sustainable Development at KU Leuven, where she is also pursuing Legal Studies in AI and ICT Law. Through her work in the Chamber of Labor, she actively contributes to shaping labour policies and economic frameworks in Austria and the EU.

Speaker

Aída Ponce Del Castillo

ETUI - Belgium

Aída is a lawyer by training. She holds a master’s degree in bioethics and has obtained her European doctorate in law. At the Foresight Unit of the ETUI, her research focuses on the cross-boundary field between science and emerging technologies, especially with regard to ethical, social and legal issues, with a focus on AI. Additionally, she is in charge of conducting foresight projects. She is a member of the committee for the National Convergence Plan for the Development of AI, in Belgium. At the OECD she is a member of the working parties on biotechnology, nanotechnology and converging technologies, as well as on Al governance. She was previously Head of the ETUI Health and Safety Unit and coordinator of the Workers’ Interest Group at the Advisory Committee of Safety and Health to the European Commission.