Description
Book SynopsisWorkplace privacy is not simply a theoretical legal issue but is a matter of basic human dignity. Employers in a number of countries reportedly,and, it appears, in increasing numbers, are deploying "human resource policies" which may or may not be illegal. In many cases they are not, at present unlawful, though they may reflect dubious management practices. These policies include drug testing of employees, surveillance of staff and their communications, attempts to censor the freedom of speech of employees, psychometric or personality testing, and requirements to provide intimate health information irrelevant to work in order to obtain employment or promotion. This book, the first on the subject in any jurisdiction, examines in a rigorous and open-minded fashion, the emergence of these policies in the modern employment context and the gradually developing legal response. Adopting a human rights perspective, the author demonstrates that several legal systems are now transposing human rights law from the public sphere into the employment relationship in order to protect the individual rights of job candidates and employees. The human right of privacy is one of the cornerstone rights recognised in the employment context, and is the focus of this book. The book deals with the law as it presently stands in the UK, France, the USA and Canada and includes a careful analysis of the potential impact of the Human Rights Act 1999.
Trade ReviewWith the Human Rights Act 1998 about to come fully into force, a book on the protection of private interests in the workplace appears at the right time.a valuable and clear introduction to a debate which is likely to become more prominent in the future. Michael Ford Industrial Law Journal September 2002 ...a thorough and comparative analysis of the theory and practice of privacy protection in the workplacea welcome addition to the literature. Colin J. Bennett The Law and Politics Book Review September 2002
Table of ContentsIntroduction: the evolution of labour and human rights law in the United Kingdom; workplace privacy law in the United Kingdom - background. The right of privacy and competing interests in the employment context: introduction; the prevalence of privacy-invasive management practices; defining privacy and applying it in the workplace context; placing value on the private interests of workers; the interests of employers and the public which may justify limiting worker privacy; conclusions. Labour law and the right of privacy: introduction; management and organisation theory as a starting point; competing approaches within labour law; conclusions. Privacy in the workplace in the United States: introduction; comparative labour law and the right of privacy; workplace privacy law in the United States; conclusions. Privacy in the workplace in France: introduction; background - the right of privacy in French law; the general right of privacy in French labour law; specific provisions of French labour law protecting the right of privacy; institutional and procedural features unique to French law; conclusions. Privacy in the workplace in Canada: introduction; background - Canadian employment law; the right of privacy in Canada; workplace privacy protection in the public sector workplace; workplace privacy protection in the private sector workplace; conclusions. Seven legal principles: introduction - convergence, divergence and harmonization; legal principles for the protection of the right of privacy in the workplace; conclusions. Employment drug testing: introduction; competing policy approaches to controlling drugs; forms of drug testing policies; methods and limitations of drug testing; the impact of drug testing on private interests; justifications for drug testing; reconciling candidate/employee, employer and public interests; ensuring that the least restrictive means are adopted (principle 6); conclusions - a law governing employment drug testing. Employment genetic testing: introduction; the science of genetics and the human genome project; testing for genetic conditions; genetic testing in the workplace; the impact of genetic testing on private interests; justifications for workplace genetic testing; reconciling candidate/employee, employer and public interests; ensuring that the least restrictive means are adopted (principle 6); conclusions - a law governing employment genetic testing. The emerging law of workplace privacy in the United Kingdom: introduction; privacy and labour law in the United Kingdom; incorporation of the European convention on human rights; implementation of the European directive on data protection; Conclusions.
