Abstract:
Advances in technology together with changes in society demand more communication than they did in the past. Employers have many technologies to monitor their employees, such as eavesdropping telephone conversation, using closed-circuit television and sniffing or snooping internet or electronic mail. This is particularly so in the private sector workplace. This thesis focuses on underlying principles and legal measures to protect employees' privacy in private sector workplaces. The study makes its comparison with laws from the United States of America, United Kingdom, and Canada to improvise existing or recommed new laws. It is found that privacy rights of employees in proivate sector whic are one of the basic human rights that every state must protect. Article 12 of the Universal declaration of the Human Rights recognizes that privacy rights are one of the basic rights to be stated in constitutions. Thailand has also adapted this philosophy in its constitution to protect its citizens which is in accordance to Universal declaration of Human Rights and is one of the main philosophies of democracy. Despite the fact that previous consititutions of Thailand, as well as the well as the current one, recoognized this principle, the laws to establish jurisdictions, procedures and legal measures in the private sector to fully enforce are still to materialize. In addition, The Civil and Commercial Gode and The Criminal Code put more focuses on compensation of damage than preventing them from being occurred. Therefore, it is inapplicable for the days with advanced technology. Even though The Labor Protection Act B.E. 2541 and The Labor Relation Act B.E. 2518 which are labor law declare rights, duties, and relationships between employers and employees, there is no declaration to protect privacy rights in electronic communications. Therefore, this thesis makes a recommendation that Thailand must enact The data Prottection Bill B.E.... which is the law to protect personal data covering private sector workplaces. It is also recommended that there should be an amendment of section 108 of The Labor Protection Act B.E. 2541 to cover employee's privacy rights in electronic communications in order to prevent new problems that may arise.