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The Right to Privacy in Employment: A Comparative Analysis de Dr Marta Otto

The Right to Privacy in Employment: A Comparative Analysis

Autor Dr Marta Otto
en Limba Engleză Hardback – 2 noi 2016
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.
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Specificații

ISBN-13: 9781509906116
ISBN-10: 1509906118
Pagini: 256
Dimensiuni: 156 x 234 x 22 mm
Greutate: 0.54 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

Of interest to scholars, advanced students, and practitioners in the fields of employment law and human rights law.

Notă biografică

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.

Cuprins

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 RightsV. 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 theContemporary Paradigm of Employees' PrivacyI. Introduction II. Theoretical Conceptions of Privacy: Towards a Better Understanding in Law III. A Contemporary Paradigm of Employee Privacy

Descriere

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.