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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Protection of Employees' Personal Information and Privacy

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Edited by: Roger Blanpain

ISBN13: 9789041156082
Published: October 2014
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £92.00

Despatched in 5 to 7 days.

It is easy today – and it will be more so in the future – for employers to acquire, store, and transfer employees’ personal information through electronic devices. Accordingly, employee privacy has become a keen legal issue among developed countries in recent years. All are agreed that there should be effective legal measures to protect employees from improper collection and/or use of their personal information while still paying due consideration to employers’ valid business necessities. Some countries have tackled this issue with special legislation, while others have relied primarily on constitutional law or tort law.

This collection of essays – an outcome of the 12th Comparative Labour Law Seminar (Tokyo Seminar) hosted by the Japan Institute for Labour Policy and Training – presents detailed country reports on the status of employee privacy law in Australia, China, France, Germany, Japan, Korea, Spain, Taiwan, the United Kingdom, and the United States. The papers were presented by distinguished labour law scholars, and are reproduced here with some revisions to reflect the lively discussions that took place at the meeting. For each country, the topics examined include the following:

  • default rules regarding employees’ personal information and privacy;
  • regulatory schemes and available remedies against violation;
  • what personal information an employer is entitled to obtain;
  • ways of striking a balance between employers’ legitimate interests and employees' privacy;
  • safeguards designed to secure non-coercive employee consent;
  • drug and alcohol testing;
  • surveillance of employees’ off-duty conduct;
  • disclosure of a disciplined employee’s name or other work-related information;
  • employee’s right to access personal information retained by the employer;
  • information used to care for employees’ health and safety and to consider family situations; and
  • prior employer’s sharing of personal information with a prospective new employer.
In this relatively new area of labour and employment law, in which tools are still developing as new problems emerge in real workplaces, the book’s overall comparative viewpoint is especially valuable. Scholars and practitioners alike will appreciate the insight gained into how specific national trends exhibit overlap and difference from a global perspective.

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Data Protection
H. Nakakubo, T. Araki.
Chapter 1. Australia: A Thin Wall of Privacy Protection, with Gaps and Cracks: Regulation of Employees’ Personal Information and Workplace Privacy in Australia
A. Forsyth.
Chapter 2. China: The Personal Information and Privacy Protection of Employees in China
Kungang Li.
Chapter 3. France: Protection of Employee’s Personal Information and Privacy in France
B. Dabosville.
Chapter 4. Germany: Data Protection in the Employment Relationship: The German View
G. Thüsing.
Chapter 5. Japan: Protection of Personal Information and Privacy in the Japanese Workplace
R. Sakuraba.
Chapter 6. Korea: Protection of Employees’ Personal Information and Privacy at a Crossroads in Korea
Sung-wook Lee.
Chapter 7. Spain: Protection of Employees’ Privacy and Personal Information in Spain: General Patterns and Case Law Trends
D. Álvarez Alonso.
Chapter 8. Taiwan: Protection of Employees’ Personal Information and Privacy in Taiwan
Shih-Hao Liu.
Chapter 9. United Kingdom: Protection of Employees’ Personal Information and Privacy in English Law
G. Morris.
Chapter 10. United States: Privacy as Sphere Autonomy
B. I. Sachs .