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An ILO code of practice
Mandy Webster's book provides a practical and comprehensive guide to the complex issue of data protection within human resources. This book considers data protection issues as they affect the HR department, looking at the implications throughout the employment lifecycle. It brings together the strict legal requirements with best practice standards of relevant codes of practice, including the Employment Practices Data Protection Code. The book is divided into two parts. For the busy manager, Part 1 is an explanation of the implications of current data protection law and interpretation for all aspects of recruitment, administration, staff monitoring, training and employee benefits. Each topic is rounded off with a suggested action checklist to help you facilitate an audit of your compliance in that area effectively. For those who want a more extensive understanding of data protection law, Part 2 is a detailed examination of the legal requirements. This provides an explanation of data protection terms, thorough analysis of each of the eight Data Protection Principles and concludes with a review of the role of the Information Commissioner's Office and enforcement activity. If you are an HR manager and concerned to stay on the right side of the law of data protection, then this book is your essential reference.
EU data protection law is of great practical relevance for any company doing business in today's global information economy. This book provides a detailed and practical exposition of European data protection law in the context of the issues that arise in electronic commerce and dataprocessing. It analyses the relevant EU legislation and case-law, and makes particular reference to the EU Data Protection Directives as well as to the national regulatory systems in Europe and the US. Numerous examples are taken from practice, and advice is given on how the relevant data protectionlaws apply to and impact upon business in Europe, the US, and worldwide. Beginning with a detailed description of the legislative process, the book goes on to discuss the basic legal concepts underlying data protection law. It then focuses on how to determine whether EU law applies to particular electronic commerce and online activities, and how to transfer personal dataoutside Europe so as to comply with EU law. The book also includes a comprehensive analysis of how to deal with complex compliance challenges, including notification of databases, processing of employee data, privacy policies, and website compliance and standardization. The key legislative texts needed to deal with complex data protection issues are included in the appendices, along with forms and precedents, contact information for data protection authorities, and links to useful websites. The book is fully up-to-date with the amendments to the TelecommunicationsData Protection Directive passed in the summer of 2002.
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.
In 1967, Justice John Marshall Harlan introduced the litmus test of ‘a reasonable expectation of privacy’ in his concurring opinion in the US Supreme Court case of Katz v. United States. Privacy, regulations to protect privacy, and data protection have been legal and social issues in many Western countries for a number of decades. However, recent measures to combat terrorism, to fight crime, and to increase security, together with the growing social acceptance of privacy-invasive technologies can be considered a serious threat to the fundamental right to privacy. What is the purport of ‘reasonable expectations of privacy’? Reasonable expectations of privacy and the reality of data protection is the title of a research project being carried out by TILT, the Tilburg Institute for Law, Technology, and Society at Tilburg University, The Netherlands. The project is aimed at developing an international research network of privacy experts (professionals, academics, policymakers) and to carry out research on the practice, meaning, and legal performance of privacy and data protection in an international perspective. Part of the research project was to analyse the concept of privacy and the reality of data protection in case law, with video surveillance and workplace privacy as two focal points. The eleven country reports regarding case law on video surveillance and workplace privacy are the core of the present book. The conclusions drawn by the editors are intended to trigger and stimulate an international debate on the use and possible drawbacks of the ‘reasonable expectations of privacy’ concept. The editors are all affiliated to TILT – Tilburg Institute for Law, Technology, and Society, Tilburg University, The Netherlands. This is Volume 7 in the Information Technology and Law (IT&Law) Series
This edition of the Comparative Law Yearbook of International Business surveys issues involved in post-employment employer-employee relations and the ability of employers to control the conduct of a former employee. The survey’s introductory chapter provides a general review of issues in the context of multiple jurisdictions, followed by countryby-country analyses of 17 jurisdictions, encompassing reports on Argentina, Belgium, Canada, China, Germany, Gibraltar, Hungary, Iran, Italy, Japan, Luxembourg, Mexico, The Netherlands, New Zealand, the Slovak Republic, Switzerland, and the United Kingdom.
Provides a detailed guide to U.S. legislation relating to privacy in the employment relationship. Includes sample business forms which illustrate the application of the law in practice.