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The Right to Privacy in Employment: A Comparative Analysis

The Right to Privacy in Employment: A Comparative Analysis

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509906116
  • 出版时间 November 2016
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9781509927906
¥1,057.50
发货时间:大约 4-5 weeks
Extra 2-10 working days if shipping address outside Hong Kong
Free delivery Hong Kong?
Hong Kong: free delivery (order over HKD 1000)
  • 描述 
  • 大纲 
  • 详细

    At the beginning of the twenty­first 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 employment context, where encroachments upon privacy are not only potentially more frequent, but also, and most importantly, qualitatively different than those taking place in other areas of modern society.

    This book suggests that these problems can only be addressed by development of a holistic approach to its protection i.e. 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.

  • 1. Employee Privacy: United States Law
    I. Introduction
    II. The Origins of the American Framework of Privacy Protection
    III. The Constitutional Right to Privacy
    IV. Statutory Protection of Workplace Privacy Rights
    V. Employees' Right to Privacy Under Tort Law
    VI. Privacy and the 'Law of the Shop'
    VII. The American Model of Employee Privacy Protections
    VIII. Summary
    2. The Right to Privacy: In Search of the European Model of Protection I. Introduction
    II. The Genealogy of the European Framework of Privacy Protection
    III. Convention for the Protection of Human Rights and Fundamental Freedoms
    IV. The 1995 European Data Protection Directive
    V. Charter of Fundamental Rights of the European Union
    VI. The European Model of Protection of Privacy
    VII. Summary
    3. Employee Privacy in Canada
    I. Introduction
    II. The Evolution of Privacy Law in Canada
    III. The Right to Privacy Under the Canadian Charter of Rights and Freedoms
    IV. Federal Legislation on the Protection of Personal Information
    V. Employees' Privacy in Arbitral Jurisprudence
    VI. Canadian Model of Protection of Employee Privacy
    VII. Summary
    4. The Right to Privacy in Employment: An Enquiry into the Conceptual and Normative Foundations of the Contemporary Paradigm of Employees' Privacy
    I. Introduction
    II. Theoretical Conceptions of Privacy: Towards a Better Understanding in Law
    III. A Contemporary Paradigm of Employee Privacy

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