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Protection of Employees' Personal Information and Privacy

Protection of Employees' Personal Information and Privacy

Author: Roger Blanpain; Hiroya Nakakubo; Takashi Araki
Publisher: Kluwer Law International
ISBN: 9789041156082
Published In: September 2014
Format: Paperback , 272 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

This collection of essays – an outcome of the 12th Comparative Labour Law Seminar (Tokyo Seminar) hosted by the Japan Institute for Labour Policy and Training – presents detailed country reports on the status of employee privacy law in Australia, China, France, Germany, Japan, Korea, Spain, Taiwan, the United Kingdom, and the United States.

The papers were presented by distinguished labour law scholars, and are reproduced here with some revisions to reflect the lively discussions that took place at the meeting. For each country, the topics examined include the following:

default rules regarding employees’ personal information and privacy;
regulatory schemes and available remedies against violation;
what personal information an employer is entitled to obtain;
ways of striking a balance between employers’ legitimate interests and employees' privacy;
safeguards designed to secure non-coercive employee consent;
drug and alcohol testing;
surveillance of employees’ off-duty conduct;
disclosure of a disciplined employee’s name or other work-related information;
employee’s right to access personal information retained by the employer;
information used to care for employees’ health and safety and to consider family situations; and
prior employer’s sharing of personal information with a prospective new employer.

In this relatively new area of labour and employment law, in which tools are still developing as new problems emerge in real workplaces, the book’s overall comparative viewpoint is especially valuable. Scholars and practitioners alike will appreciate the insight gained into how specific national trends exhibit overlap and difference from a global perspective.

Features:

Overview of employee privacy law in ten countries
Detailed analysis of specific employee privacy issues in different national legal frameworks
International comparative view of what employee privacy measures are designed to protect

Benefits:

Learn the essentials of employee privacy law in major developed jurisdictions
Identify global trends in employee privacy law
Develop legal arguments in employee privacy cases using comparative insights

Notes on the Contributors.

Introduction Hiroya Nakakubo & Takashi Araki.

Chapter 1 A Thin Wall of Privacy Protection, with Gaps and Cracks: Regulation of Employees’ Personal Information and Workplace Privacy in Australia. Anthony Forsyth.

Chapter 2 The Employee Privacy Protection in China. Kungang Li.

Chapter 3 Protection of Employee’s Personal Information and Privacy in France. Benjamin Dabosville.

Chapter 4 Data Protection in the Employment Relationship: The German View. Gregor Thüsing, Gerrit Forst, Stephan Pötters & Johannes Traut.

Chapter 5 Protection of Personal Information and Privacy in the Japanese Workplace. Ryoko Sakuraba.

Chapter 6 Protection of Employees’ Personal Information and Privacy at a Crossroads in Korea.Sung-Wook Lee.

Chapter 7 Protection of Employees’ Privacy and Personal Information in Spain: General Patterns and Case Law Trends. Diego Álvarez Alonso.

Chapter 8 Protection of Employees’ Personal Information and Privacy in Taiwan. Shih-Hao Liu.

Chapter 9 Protection of Employees’ Personal Information and Privacy in English Law. Gillian Morris.

Chapter 10 Privacy as Sphere Autonomy.Benjamin I. Sachs.