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Vol 25 No 2 Feb/March 2020

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Social Media, Information Rights, Privacy and Employment Law

ISBN13: 9781916079939
To be Published: June 2020
Publisher: Duggan Press
Country of Publication: UK
Format: Hardback
Price: £90.00

This timely book will consider all the facets of the GDPR and the Data Protection Act 2018 in the context of social media and information rights in employment.

Data Protection
Setting The Scene
1. The meaning of social media.
2. Social media in the employment world.
a. Duties of the Employee.
b. Duties of the Employer.
3. The GDPR - the passage of the Data Protection Act 2018 and its consequences. Legislation including the DPA 1998, the Freedom of Information Act 2000, the Environmental Information Regulations and other legislation.
4. Information rights and TUPE
5. The ICO and other means of enforcement.

Social Media Use and Abuse
6. From recruitment to termination (including the GDPR and 2018 Act).
a. Social media in the recruitment process.
b. The use of social media at work.
c. Harassment and other misuse.
d. Surveillance of employees.
e. Termination: Procedures, Unfair dismissal and other issues.
f. Social Media Policies.

Information Rights and Employees
The right to privacy.
8. Data Protection.
a. How the DPA 2018 works and the changes in the GDPR
b. Personal data.
9. Subject access requests.
a. Access under the DPA 2018, the GDPR and other legislation.
b. The request.
c. The response.
d. Exemptions, Objections and Disentitlements.

Information Rights and Employers
10. Confidential information and data.
11. Who owns the data:
a. The Database regulations.
b. Social media sites.
12. Protection of information: overt and covert surveillance.
13. Enforcement of proprietary rights: Injunctions and other remedies.
a. Injunctive relief: the general approach.
b. Injunctive relief: search and seizure orders.
c. Websites, passwords and data: effective orders.
d. The use of experts: imaging and other preservation orders
e. Procedure in the Courts: e-disclosure, privilege.
f. Damages, account of profits and Wrotham Park.

Other issues
14. The Information Commissioner, First Tier and Upper Tribunals and appeals.
15. Defamation: the risks to the employer and employee and an overview.
16. Criminal offences.
17. Health and Safety.
18. E-disclosure

(1) The Contract of Employment.
(2) Policies and Procedures for Social Media and Data including:
consideration of the GDPR,
the duties of employers and other bodies under the new law.
(3) Employer Surveillance Policy.
(4) A model Disciplinary Procedure.
(5) A model Grievance Procedure.
(6) A Subject Access request.
(7) Reply to a Subject Access Request and other documents.
(8) Restrictive covenants, social media and information
(9) A model injunction:
a. The Application
b. The witness statement
c. The Order
d. Practical tips and procedures:
e. Checklist
(10) Search and Seizure:
a. The Application
b. The witness statement.
c. The Order.
d. Practical tips and procedures:
e. Checklist.
(11) E-disclosure Precedents.