Protection against disclosure of information on trade union membership and activities (Trade union rights and civil liberties)Description:(CFA: Digest of Decisions 2006) Subject classification: Freedom of Association Document:0215 Subject: Freedom of Association, Collective Bargaining, and Industrial Relations Display the document in: French Spanish Document No. (ilolex): 2320060215 Protection against disclosure of information on trade union membership and activities (See also paras. 782 and 803)175. Tampering with correspondence is an offence which is incompatible with the free exercise of trade union rights and civil liberties; the International Labour Conference in its 1970 resolution on trade union rights and their relation to civil liberties stated that particular attention should be given to the right to the inviolability of correspondence and telephonic conversations. (See the 1996 Digest, para. 171.) 176. In one case where it was alleged that the military police had sent out a questionnaire to undertakings in which it was asked whether there were any natural leaders among the employees, strike instigators, trade union delegates or workers’ organizations in the undertaking, the Committee considered that such an inquiry could involve a risk of being put to improper use by the military authorities or the police in the event of a labour dispute. For example, workers might be taken into custody simply because they were on a list of persons thus established, even though they had not committed any offence. The Committee also considered that, because of the atmosphere of mistrust that it created, such a procedure was hardly favourable for the development of harmonious industrial relations.(See the 1996 Digest, para. 172.) 177. The establishment of a register containing data on trade union members does not respect rights of the person (including privacy rights) and such a register may be used to compile blacklists of workers.(See 326th Report, Case No. 2067, para. 512.) |
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