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The Right to Privacy in Employment: A Comparative Analysis

The Right to Privacy in Employment: A Comparative Analysis

Author: Marta Otto
Publisher: Hart Publishing
ISBN: 9781509906116

Published In: November 2016
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509927906

List Price: HKD 1,235.00

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Description
Contents

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At the beginning of the twentyfirst 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 employment context, where encroachments upon privacy are not only potentially more frequent, but also, and most importantly, qualitatively different than those taking place in other areas of modern society.

This book suggests that these problems can only be addressed by development of a holistic approach to its protection i.e. 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.

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