Information Technology And Workers Privacy
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Information Technology And Workers Privacy
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Author : Roberto Fragale Filho
language : en
Publisher:
Release Date : 2014
Information Technology And Workers Privacy written by Roberto Fragale Filho and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
The impact of new information technologies upon the employment relationship suggests that it may now be necessary to rethink current legal structures. This gives rise to a conceptual question of fundamental importance: are we facing the emergence of a new paradigm of surveillance and data processing in the employment relationship, or has there merely been a reframing of the existing questions related to the limits of the employer's power of command, especially in relation to employee privacy? This article discusses possible answers to these questions. The national studies on which it is based indicate that, in the legal systems considered, there is a certain absence of answers (in terms of judicial decisions) and a certain difficulty in the formulation of an adequate judicial response (in terms of the application of the existing law to individual cases). New dilemmas have arisen that are related to the long-standing confrontation between employers' powers of command (specifically, the power to conduct surveillance of workers and to process their personal data) and the protection of employees' privacy. These new dilemmas must be set in the context of three other (sometimes conflicting) developments: the blurring of the boundaries between the private sphere and the employment sphere, the development of the workplace as a space of total disciplinary control, and the extension of the status of "citizen" (a public matter) to the employment relationship (which remains a private matter). Together, these developments may point to the emergence of a new paradigm.
Information Technology And Workers Privacy
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Author : Mark Jeffery
language : en
Publisher:
Release Date : 2014
Information Technology And Workers Privacy written by Mark Jeffery and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
The widespread use of information technologies means that the surveillance of workers and the processing of personal data about them can now be much more effective - and much more intrusive - than ever before. This introduction sets the scene for a collection of papers that examine this issue (some by describing the law in a particular country, some by examining a particular issue of comparative law). It argues that, although some degree of surveillance and data processing is a normal and perfectly legitimate part of most employment relationships, the use of computer technologies has resulted in some very significant changes in the nature of both, and that it is therefore appropriate to reassess the role of the law in setting a balance between the rights and interests of employers and employees in this area. This question is sometimes presented in terms of a contest between, on the one hand, the new and pressing needs of businesses (many of which arise from the use of new technologies), and on the other, the somewhat vague concept of the employees' right to privacy. Such a framework for debate should be considered very carefully. Privacy, although difficult to define, is nevertheless taken to be a fundamental right in all of the countries covered by this study. And many of the arguments in favor of using the increasingly-efficient - and increasingly-intrusive - means of surveillance and data processing that are now available, appear to relate less to the absolute needs of employers, and more to the convenience for employers in taking advantage of these new opportunities, irrespective of the consequences for the privacy of employees. There are no easy solutions to these questions and, in drawing a balance between the opposing rights and interests, national laws will doubtless build on their own particular traditions. Nonetheless, given that other legal systems are also having to address these same difficult questions, it is hoped that an examination and comparison of the different ways in which they are doing so will prove interesting and useful.
Information Technology And Workers Privacy
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Author : Mark Jeffery
language : en
Publisher:
Release Date : 2014
Information Technology And Workers Privacy written by Mark Jeffery and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
The English law on computer surveillance at work and on the processing of personal data about workers has undergone enormous changes since 1998. Four significant pieces of legislation have been passed: the Data Protection Act 1998, which, in implementing the requirements of European Directive 95/46/EC has widened the scope and effect of the law on the processing of personal data; the Human Rights Act 1998, which for the first time establishes a set of rights (including a right to respect for one's private life) as a source of fundamental principles for English law; the Regulation of Investigatory Powers Act 2000, which establishes a general rule that consent must be obtained before communications may lawfully be intercepted; and the Lawful Business Practice Regulations 2000, which, in contrast to all the other new legislation, appears to grant employers powers to intercept the communications of their workers without their consent. The full effect of these changes will not become clear for some time. Although workplace surveillance and data processing will certainly be much more regulated than before, no small degree of confusion and controversy has arisen in the discussion of how the new laws will be (or should be) applied in specific circumstances. This article presents a detailed examination of the law as it now stands, with close reference to the attempts by the national data protection authority to clarify the law by drawing up a code of practice.
Information Technology And Workers Privacy
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Author : Javier Thibault Aranda
language : en
Publisher:
Release Date : 2014
Information Technology And Workers Privacy written by Javier Thibault Aranda and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
This article discusses the consequences for Spanish labor relations of the widespread use by employers of new information and communication technologies. It focuses on the problems that arise from the processing of personal data about workers, and on the problems that arise from the use by both workers and worker representatives of the employer's computerized communications facilities (this also includes the problems arising from the measures that employers may adopt in order to prevent the abuse of such facilities). A legal controversy has arisen in Spain in recent years over the extent to which employers may lawfully supervise and control the use that their employees make of the enterprise's communications facilities. This article aims to clarify the legal position and to define the limits upon employers' powers in this area. It analyzes the different possible sources of law, including certain provisions of the Constitution and legislation (that, although they were not originally created with this situation in mind, can and should apply). It also examines the already abundant caselaw. The possible legal consequences for employees of making personal use of their employer's communication facilities is discussed, along with the legal rules and guarantees that employers must respect. There is also a detailed examination of the significant risks for workers arising from the processing of their personal data by their employer. The Spanish legislation is analyzed, particular emphasis being put on how the law on data protection may be applied in practice at the workplace (the application of rules such as those on the nature of the data that may be collected, the effects of consent, the obligation to delete certain personal data, and transfers of personal data to third parties or to places outside Spanish jurisdiction). It is argued that, given their particular relation of subordination, the present level of legal protection for workers is inadequate; and it is argued that there is a need for worker representatives to play a greater role, and for the development of collective agreements, in order to protect the rights of individuals in this area.
Information Technology And Workers Privacy
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Author : Christophe Vigneau
language : en
Publisher:
Release Date : 2014
Information Technology And Workers Privacy written by Christophe Vigneau and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
This article examines the regulatory techniques that are used in a number of different countries in respect of the surveillance of workers and the processing of their personal data. It finds a significant use of flexible techniques. National legislation in this area tends not to establish a clear distinction between lawful and unlawful practices by employers. Instead, it usually gives judges the power to decide the lawfulness of employers' behavior, on a case-by-case basis. In this way, the principles of relevancy and proportionality have become the key elements in establishing a balance between, on the one hand, the employers' rights to supervise and control the work done by their employees and, on the other, the employees' rights to privacy. The lawfulness of employers' behavior does not depend on the actions taken in themselves, but rather upon the relevance and proportionality of these actions with regards to the specific circumstances in which they took place. The article also argues that regulatory techniques have moved away from a substantive approach and towards a more procedural one.
Information Technology And Workers Privacy
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Author : Hans-Joachim Reinhard
language : en
Publisher:
Release Date : 2014
Information Technology And Workers Privacy written by Hans-Joachim Reinhard and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
The use of information technology at work has emphasised a tension between two distinct principles: firstly, the inviolability of employees' private lives and private communications and, secondly, the rights of employers to enjoy their private property and to exercise their managerial powers. This situation has required a new balance to be set between surveillance and privacy at work. However, the law cannot set precise rules: decisions must depend on circumstances of each individual case. This is why national legal systems give very few definite and clear legal rules, but rather make decisions on a case-by-case basis. Some national constitutions and laws explicitly protect privacy, for example, in respect of private communications. In other countries, a similar protection may be inferred from general principles or from international treaties on human rights. Many of these sources of law are not directly enforceable, but serve as a guide for the interpretation of national law. Where an employment contract is concerned, employers and employees may be able to go to the labor courts in order to enforce their rights. But even in countries with a codified system of labor law, there are few explicit rules in this area, so these courts still have to apply general principles and look to case law. In the United States, the law of tort is particularly significant, and in the Member States of the European Union, Directive 95/46/EC establishes very clear rules on the surveillance of workers and on the processing of their personal data - and it also requires all Member States to establish a public enforcement authority. There may also be questions of criminal law in all countries, although these may be limited by the difficulties in proving intent. Otherwise, it is for the employer to set clear guidelines: employees have no right to make private use of their employer's computer facilities, even if there are no additional costs for the latter. Where the employer accepts the private use of computers, most national laws require that employees then be informed before e-mail and Internet use are monitored, and in some countries, the workers' representatives must also be informed. And, even where employers expressly forbid the private use of their computer facilities, courts may be reluctant to accept that a breach of this rule is a legitimate grounds for dismissal in all but the most extreme cases.
Information Technology And Workers Privacy
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Author : Christophe Vigneau
language : en
Publisher:
Release Date : 2014
Information Technology And Workers Privacy written by Christophe Vigneau and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
In France, information technology and workers' privacy is a particularly sensitive issue, largely because of the way in which French judges have declared certain actions relating to the surveillance and control of workers to be unlawful. The debate to which this has given rise is closely related to the growing influence of questions of human rights upon labor relations in France. Moreover, in imposing restrictions upon the employers' powers to monitor and control employees, French courts have not hesitated to make use of general laws on privacy, whether national or European. The increasing use by employers of new information technologies may not only give rise to problems related to privacy at the workplace, but may also lead to problems where work encroaches upon the workers' private sphere: in particular, their homes. This article presents an overview of the French law in this area, focusing in particular on the reasoning used by the courts in order to determine the lawfulness or otherwise of employers' actions. In the discussion of the law on the protection of personal data, the author insists on the importance of the role of the National Commission for Computer Technologies and Personal Freedom, as well as that of the courts.
Information Technology And Workers Privacy
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Author : Hans-Joachim Reinhard
language : en
Publisher:
Release Date : 2014
Information Technology And Workers Privacy written by Hans-Joachim Reinhard and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
In Germany, there are very few leading cases that provide guidelines for employers and employees on the use and storage of personal data. This might be a consequence of the specific character of German Labour Law, which is not a comprehensive and coherent system of rules, but rather a bundle of scattered rules that were developed from a few sections of the 1900 Civil Code. When employers install computers or new programs at the workplace, the Works Council has various rights in respect of information, supervision, and control, and if the Works Council itself does not have the necessary knowledge or skills to assess the information it receives, it may ask for the help of an expert, at the employer's expense. What all of this means in practice, however, is usually that employers make the main decisions and the Works Council is only able to alter some of the details. And clearly, all of this depends on the presence of a Works Council. After lengthy discussions, the European Directive 95/46/EC on the processing of personal data was finally transposed into German law. New terminology was adopted, and the rights and duties of the parties involved were widened. Nonetheless, because German lawyers had played an important part in the process of developing the Directive itself, few major changes were required. German Public Law may also restrict the collection, storage, and processing of personal data, infringements being dealt with by the administrative or social security courts. Under labor law, employers are permitted to restrict the private use of their computing facilities but, in all but the most extreme cases, if they do not make and implement an express prohibition, then such private use will not be a lawful justification for dismissal. Despite the importance of computer technologies in everyday working life in Germany, there are very few reported cases in this area. Surveys suggest that the reason for this might be that most enterprises settle disputes about such matters at an informal and local level, without involving the law: data protection is a particularly sensitive question in Germany, and so enterprises may fear a loss of public credibility if they are perceived of as having abused computer technologies in this way.
Information Technology And Workers Privacy
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Author : Roberto Fragale Filho
language : en
Publisher:
Release Date : 2014
Information Technology And Workers Privacy written by Roberto Fragale Filho and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
In this article, we draw on a collection of studies of the law in different countries in order to present a general and comparative analysis of the effects of notice and consent upon the legal position regarding the surveillance of workers and the processing of personal data about them. We aim to show that notice and consent are very important factors in the complex process of setting a balance between the competing interests of employers and employees, but stress that they are nevertheless not the only factors that are taken into consideration. Thus they offer guidance, but not definitive answers. In all the countries examined, the law establishes minimum standards in respect of the privacy, dignity, or autonomy of workers, irrespective of any terms of employment that have purportedly been imposed through notice or agreed through consent. The level at which these minimum standards are set varies enormously, according to different national attitudes toward the application of the general rights of citizens within the specific context of the employment relationship. The extent to which such rights may be waived may be very different from one country to another. We argue that, although notice and consent are often closely interlinked, they are, however, quite distinct, so care should be taken not to confuse them: as, for example, may happen with the use of the concept of "implied consent." We go on to analyze the legal requirements to notify workers of surveillance and data processing; the different mechanisms envisaged for doing so; and the legal effects of notification. Then we examine legal requirements over the form that consent must take, the question of whether consent implies a free and informed choice, and the legal effects of consent being granted.
Information Technology And Workers Privacy
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Author : Javier Thibault Aranda
language : en
Publisher:
Release Date : 2014
Information Technology And Workers Privacy written by Javier Thibault Aranda and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
The new information and communication technologies have given rise to important changes, not just in the way in which work activities are organized, but also more generally in social customs and practices. Given the present state of technological development, it might seem perfectly reasonable that employers use these technologies for processing data about their employees, and that trade unions and other workers' representatives use the Internet as a means of communicating with workers. However, these apparently reasonable situations are the cause of no small number of difficulties from a legal point of view. This article aims to promote a wider understanding of the fundamental part that worker representatives including trade unions can - and, it is argued, should - play in this area, given that they have a double role as holders of certain rights and as guarantors of rights for others. An analysis is made of the obligations, under international norms and under various national laws, to inform and consult worker representatives before the introduction or modification of computer systems that collect and process personal data about employees. It is argued that without such obligations of prior consultation, it is very difficult to create effective controls upon such activities by employers, and that this in turn means that it is very difficult to ensure that the basic rights of citizens are guaranteed when those citizens happen also to be workers. The article also examines the extent to which the rights that worker representatives have to communicate with workers through traditional means of communication also apply to communications through new information technologies. Different laws are examined, but particular emphasis is placed on the various collective agreements that have been concluded in this area, and which, at least for the moment, provide more comprehensive rules than any law. Again, it is argued that new laws are needed.