Psychosocial risks, fundamental rights and the new information and communication technologies: A different perspective of protection

Abstract

Hitherto, the legal analysis and labor of the New Information and Communication Technologies has been basically done in the light of its impact on the economy of industrial societies and, thus, accordingly in the dynamics of labor markets, their forms of work organization and management. From this perspective, the approach has been the privileged of the need to strengthen the protection of fundamental rights involved, especially those relating to the privacy of the life in general, and privacy in particular. Much less of an impact he has had his study from the perspective of occupational health, despite give rise to a genuine form of work-related stress, as is the techno-stress labor and demand, therefore, measure their impact on occupational health via the correspondent risk assessments. But the new information and communication technologies represent an increase of the activities to control production processes and on the workers, weakening the boundaries between work and personal life of the workers, it may affect the personal time and Leisure time of these, since they made more available to the worker, converging all of these factors in greater risks to the psycho-physical integrity of the person of the worker. Hence, this study will focus on such a new perspective of guardianship of the fundamental rights of workers, seated in the control of the legitimacy of such corporate management tools in the light of the right to the effective protection of psychosocial health of workers. This will take not only a national perspective, but a European one.