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.
The "Overview of the Privacy Act of 1974," prepared by the Department of Justice's Office of Privacy and Civil Liberties (OPCL), is a discussion of the Privacy Act's disclosure prohibition, its access and amendment provisions, and its agency recordkeeping requirements. Tracking the provisions of the Act itself, the Overview provides reference to, and legal analysis of, court decisions interpreting the Act's provisions.
The 2015 edition of Employment Law Yearbook covers the most important issues facing today's employers and employment law practitioners. In this tight employment market and amid the rapidly changing global economy, it is imperative that employers and employment law practitioners understand the legal implications of a wide range of workplace actions. Authored by Orrick, Herrington & Sutcliffe LLP's Employment Law Practice Group, a nationally recognized leader in this field, Employment Law Yearbook 2015 substantially revises the 2014 edition and provides a review of current developments in the law, including case decisions, statutes, and other events of interest to employers in the past year, as well as practical steps employers can take to minimize their risks and comply with the law. Revised annually, Employment Law Yearbook 2015 is an essential reference for in-house and outside corporate attorneys and human resource professionals, as well as attorneys representing plaintiffs and defendants in employment-related litigation.
In the last few years, social media has become the primary way of communicating, not only among friends and colleagues but also between employers and employees and between companies and consumers. For employers, the phenomenon offers great opportunities, but also concomitant dangers due primarily to use of social media by employees and employees' representatives. Written in the context of employment laws as well as privacy laws, this book surveys the state of the law in over thirty key jurisdictions, including most of the developed countries of Europe, Asia, and North America and major developing countries worldwide. The publication arose from a seminar prepared by the editors and others at which it was clearly identified that internationally operating employers need a comprehensive and user-friendly multinational summary on employment and labour law questions arising in connection with the use of social media. The book is divided into country chapters, each written by a known local specialist. In order to easily 'navigate' through the issues for each country, the chapters follow a uniform structure, covering the applicable statutory regimes, case law, useful checklists, and recommendations. Among the issues and topics dealt with are the following: - employees' entitlement to use social media at the workplace; - whether employers can require the use of social media by employees; - right of employers to monitor employees' use of social media outside the workplace; - employers' potential liability for employees' misuse of social media; - right of employee representatives to use employers' equipment for social media purposes; - employers' remedies against misuse of social media by employees and employee representatives; - development and drafting of a social media policy; and - role of social media in employer–employee disputes. No other publication exists providing interested parties with a practical and strategic guide to legal issues affecting the use of social media in the workplace. With its easy-to-use country-by-country format and its expert recommendations, this unique resource will prove itself as an incomparable handbook for lawyers, human resources professionals, and in-house counsel advising or working for internationally operating businesses. It will also be of inestimable value for academics and policymakers concerned with the legal ramifications of social media use in the workplace.
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.
Updated and published annually, Employment Libel and Privacy Law 2012 is an easy-to-use compendium of the law used by journalists, lawyers and judges, and law schools nationwide. Each state's chapter is prepared by experts in that jurisdiction and is presented in a uniform outline format. Employment Libel and Privacy Law 2012 provides comprehensive information on the law in all 50 states, the District of Columbia, and Puerto Rico, as well as surveys on the law at the Federal level.
