Read more
At the beginning of the twenty-first century the term ''privacy'' gained new prominence around the world, but in the legal arena it is still a concept in ''disarray''. Enclosing it within legal frameworks seems to be a particularly difficult task in the employment context, where encroachments upon privacy are not only potentially more frequent, but also, and most importantly, qualitatively different from those taking place in other areas of modern society. This book suggests that these problems can only be addressed by the development of a holistic approach to its protection, an approach that addresses the issue of not only contemporary regulation but also the conceptualization, adjudication, and common (public) perception of employees'' privacy.The book draws on a comprehensive analysis of the conceptual as well as regulatory convergences and divergences between European, American and Canadian models of privacy protection, to reconsider the conceptual and normative foundations of the contemporary paradigm of employees'' privacy and to elucidate the pillars of a holistic approach to the protection of right to privacy in employment.>
List of contents
1. Employee Privacy: United States Law
I. Introduction
II. The Origins of the American Framework of Privacy Protection
III. The Constitutional Right to Privacy
IV. Statutory Protection of Workplace Privacy Rights
V. Employees’ Right to Privacy Under Tort Law
VI. Privacy and the ‘Law of the Shop’
VII. The American Model of Employee Privacy Protections
VIII. Summary
2. The Right to Privacy: In Search of the European Model of Protection
I. Introduction
II. The Genealogy of the European Framework of Privacy Protection
III. Convention for the Protection of Human Rights and Fundamental Freedoms
IV. The 1995 European Data Protection Directive
V. Charter of Fundamental Rights of the European Union
VI. The European Model of Protection of Privacy
VII. Summary
3. Employee Privacy in Canada
I. Introduction
II. The Evolution of Privacy Law in Canada
III. The Right to Privacy Under the Canadian Charter of Rights and Freedoms
IV. Federal Legislation on the Protection of Personal Information
V. Employees’ Privacy in Arbitral Jurisprudence
VI. Canadian Model of Protection of Employee Privacy
VII. Summary
4. The Right to Privacy in Employment: An Enquiry into the Conceptual and Normative Foundations of the
Contemporary Paradigm of Employees’ Privacy
I. Introduction
II. Theoretical Conceptions of Privacy: Towards a Better Understanding in Law
III. A Contemporary Paradigm of Employee Privacy
About the author
Marta Otto holds a PhD degree from the Department of Law of the European University Institute (Florence, Italy). She is a former scholar of the International Society for Labour Law and Social Security Law, COMPTRASEC (Centre de droit comparé du travail et de la sécurité sociale), and CRiMT (Centre de recherche interuniversitaire sur la mondialisation et le travail). Currently, she works as an Assistant Professor for Social Security Law and Social Policy, at the Faculty of Law and Administration, University of Lodz, Poland.
Summary
At the beginning of the twenty-first century the term ‘privacy’ gained new prominence around the world, but in the legal arena it is still a concept in ‘disarray’. Enclosing it within legal frameworks seems to be a particularly difficult task in the employment context, where encroachments upon privacy are not only potentially more frequent, but also, and most importantly, qualitatively different from those taking place in other areas of modern society. This book suggests that these problems can only be addressed by the development of a holistic approach to its protection, an approach that addresses the issue of not only contemporary regulation but also the conceptualization, adjudication, and common (public) perception of employees’ privacy.
The book draws on a comprehensive analysis of the conceptual as well as regulatory convergences and divergences between European, American and Canadian models of privacy protection, to reconsider the conceptual and normative foundations of the contemporary paradigm of employees’ privacy and to elucidate the pillars of a holistic approach to the protection of right to privacy in employment.
Foreword
An original comparative analysis of the right to privacy in employment law.
