El impacto de la digitalización en la libertad de expresión del trabajador en el ámbito de las redes sociales al hilo de la jurisprudencia italiana en materia de información y tansparencia

This study provides an opportunity to examine the hermeneutic process that has yet to develop in Italian case law on information and transparency on the use (“intra” and “extra” labour) of social networks by employees, which could even re-modulate the traditional terms of the relationship between them and their employers. In particular, it highlights the new (delicate) balance between the bond of trust on which this relationship is based and the rights of the individual guaranteed at the constitutional level, such as, first and foremost, the worker’s right to freedom of expression. The research attempts to provide answers to the many questions that arise in this respect, such as the possibility of using or not using the information shared online by the worker, distinguishing between those that are public and those that are the specific object of a private message or conversation between the worker and another person. All of this without abandoning a critical approach to the national and EU rules in force on privacy and employer’s remote controls through technological tools.