The Lie as a Privacy Protection Measure

Abstract

The author’s intent to assess the right to lie as a measure guaranteed to the worker for the purposes of effective protection of privacy within the employment relationships. The chapter deliberates whether the worker may refer to the right to lie based on the concept of the right to self-defence and in the situations when the action of the employer interferes with the sphere of their privacy (also in the light of the use of the new technologies), may use the untruth in relation to the employer. It was also crucial to decide whether the right to lie should be granted to all persons performing work to the same extent (subordinated or independent work) and when the worker may use the right to lie and in what cases it will be possible to decide that such action is necessary. The chapter presents also possible actions of the worker telling the untruth through the prism of the proportionality principle and determination of the effects of the employer learning about the lie of the worker in the context of agreement termination.