Documents Wallach, Shelley 2 results

"This article examines the problems and challenges arising from the protection of employees' rights to privacy in the workplace in the information society. The use of information and communications technology in the workplace that allows data to be collected, stored, retrieved and processed in vast quantities and at great speed presents significant new opportunities and at the same time new threats to employers and employees, raising many questions about areas where interests and rights are in conflict and clear boundaries have to be drawn. The article deals specifically with the application of the law to cases of computer surveillance at work and to the collection and processing of employees' personal data. An account is given of specific legal rules, where they exist, and general principles laid down in constitutions, treaties, international norms EU Directives, comparing, where relevant, the European and the US approach to these matters. The article also points out the threats to employees' privacy and how to strike a balance between the rights, interests and expectations of the employer on the one hand with those of the employee on the other, with a view to protecting employee privacy as much as possible."

"The nature and scope of modern technology poses a growing threat to employee privacy in the workplace and, as a result, presents new challenges and a greater need for clearer rules and boundaries for both actors in the workplace: the employer and the employee. This article focuses on various aspects of surveillance and monitoring of employees regarding the internet, e-mail, phone calls and location data. It examines the problems and conflict of interests that arise and outlines various legal responses in hard law and soft law, including legal rulings. Different approaches to these topics are presented, mainly the approach of the American legal system versus the European ones, and some examples of cases in various countries are considered. It is argued that by learning from each other and the various solutions adopted, we should strive to preserve, as far as possible, the employee's right to privacy."