Il trattamento dei dati biometrici nei luoghi di lavoro. Analisi comparata tra l'esperienza italiana e tedesca

The paper focuses on the development of the Italian and German regulatory systems concerning the processing of biometric data in the workplace. In particular, it refers to the ways in which the national laws have specified the European regulations: from the different conception of the worker's consent as a legal basis for the processing of particular data to the different role played by company representatives through collective bargaining. The study, therefore, proposes to analyse how the Member States, in this case, Italy and Germany, have made use of the autonomy recognised by supranational legislation. The comparison between the two legal systems leads to an attempt to formulate a possible balancing act between the right to the protection of workers' biometric data and the employer's interest in their processing.