Protection of Employees' Personal Information and Privacy

Name: Protection of Employees' Personal Information and Privacy
Brand: Kluwer Law International
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Kluwer Law International (Publisher)

Published on 26. September 2014

272 pages

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978-90-411-5621-1 (ISBN)

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Cover
Half Title Page
Title Page
Copyright Page
Notes on the Contributors
Table of Contents
Introduction
I THE THEME AND ITS BACKGROUND
II SUGGESTED DISCUSSION POINTS
[A] Introduction
[B] Regulatory Schemes for Protection of Employees' Personal Information and Privacy
[C] Employer's Legitimate Business Purposes?
[D] Personal Information and Privacy Protection in the Hiring Process
[E] Personal Information and Privacy Protection during the Employment Relations
[F] Personal Information and Privacy Protection after the Employment Relations
[G] Evaluation and Future Directions
III SOME OBSERVATIONS
CHAPTER 1 A Thin Wall of Privacy Protection, with Gaps and Cracks: Regulation of Employees' Personal Information and Workplace Privacy in Australia
§1.01 INTRODUCTION
§1.02 REGULATORY SCHEMES FOR PROTECTION OF EMPLOYEES' PERSONAL INFORMATION AND PRIVACY
[A] Australian Constitution and State/Territory Human Rights Charters
[B] Common Law Protection of Privacy
[C] Privacy Protection under Federal Law: The Privacy Act
[D] Employee Records Exemption from the Privacy Act
[E] 2012 Amendments to the Privacy Act
[F] Remedies under the Privacy Act
§1.03 PERSONAL INFORMATION PROTECTION IN THE HIRING PROCESS
[A] Overview
[B] Application of the Privacy Act to Recruitment/Hiring
[C] Anti-discrimination Law Provisions
[D] Health Screening
[E] Criminal Records
§1.04 PERSONAL INFORMATION AND PRIVACY PROTECTION DURING THE EMPLOYMENT RELATIONS
[A] Overview
[B] Operation of the Privacy Act Employee Records Exemption during Employment
[C] Workplace Surveillance/Monitoring of Employees
[1] Privacy Act Regulation of Monitoring
[2] Monitoring and Surveillance Legislation
[D] Drug and Alcohol Testing
[E] Dismissal of Employees for Social Media-Related Misconduct
[1] Employee's Conduct Justified Dismissal
[2] Employee Succeeded in Unfair Dismissal Claim
[F] Employers' Obligations to Maintain Employee Records under the Fair Work Act
§1.05 PERSONAL INFORMATION AND PRIVACY PROTECTION AFTER THE EMPLOYMENT RELATIONS
§1.06 CONCLUSION
CHAPTER 2 The Employee Privacy Protection in China
§2.01 INTRODUCTION
§2.02 REGULATORY SCHEMES FOR PROTECTION OF EMPLOYEES' PERSONAL INFORMATION AND PRIVACY
[A] Constitution
[B] Civil Law Legislations
[C] Labor Law
[D] International Conventions
[E] Criminal Laws
[F] Remedies and Punishments
§2.03 THE PROTECTION OF PERSONAL INFORMATION AND PRIVACY IN THE HIRING PROCESS
[A] Job Advertisement and Interview Process
[B] Medical Check
[C] Discrimination in the Process of Hiring
[1] Discriminations Relating to Sex and Age
[2] Discriminations Relating to Diseases
[3] Genetic Discrimination
§2.04 THE PROTECTION OF PERSONAL INFORMATION AND PRIVACY DURING EMPLOYMENT
[A] Personal Information Collection during Employment
[1] Annual Medical Check
[2] The Collection of Other Information
[B] Surveillance in Workplaces
[1] Surveillance
[2] Reasons for Controlling
[3] Balance of Interests
§2.05 PERSONAL INFORMATION AND PRIVACY PROTECTION IN POST-TERMINATION PERIOD
[A] Personal Information Protection
[B] Privacy Protection
§2.06 COMMENTS AND FORESIGHTS
[A] Comments on the Current Protection of Personal Information and Privacy
[B] The Future Legislation and Directions
[1] Protection Would Be Strengthened in Civil Laws
[2] Labor Law Protections Would Get More Attentions
CHAPTER 3 Protection of Employee's Personal Information and Privacy in France
§3.01 INTRODUCTION
§3.02 REGULATORY SCHEMES FOR THE PROTECTION OF THE EMPLOYEES' PERSONAL INFORMATION AND PRIVACY
[A] Primary Basis of the Protection
[B] Protection Rules
[1] A Dual System
[a] Protection by the Information Technology, Data Files and Civil Liberties Act
[b] Protection by the Labor Code
[2] A "Europeanized" Protection
§3.03 THE BALANCES OF INTERESTS
[A] The Collect of the Employees' Personal Information
[B] Decision Related to the Personal Life of the Employee
§3.04 PERSONAL INFORMATION AND PRIVACY PROTECTION IN THE EMPLOYMENT RELATIONSHIP
[A] Personal Information Protection in the Hiring Process
[1] Control of the Employer's Decision
[2] Gradation of the Protection
[B] Personal Information and Privacy Protection during the Employment Relations
[1] The Collect of Personal Information
[a] Inspection
[b] Surveillance
[2] The Use of Personal Information
[C] Personal Information and Privacy Protection after the Employment Relations
§3.05 CONCLUSION
CHAPTER 4 Data Protection in the Employment Relationship: The German View
§4.01 INTRODUCTION
§4.02 AT A GLANCE: GENERAL PRINCIPLES GOVERNING GERMAN AND EUROPEAN DATA PROTECTION LAW
[A] Justifying the Processing of Personal Data (Section 4 BDSG)
[B] Fundamental Principles Governing the Processing of the Employee's Personal Data by the Employer
§4.03 NATIONAL DATA PROTECTION LAW WITHIN THE EUROPEAN REGULATORY FRAMEWORK: IT IS ALL ABOUT PROPORTIONALITY
§4.04 PROCESSING OF PERSONAL DATA UNDER SECTION 32 BDSG
§4.05 THE DATA SUBJECT'S CONSENT (SECTION 4A BDSG)
[A] Freely Given
[B] Specific
[C] Informed
[D] Indication of the Data Subject's Wishes
[E] Consent in the Employment Context
§4.06 RISK-BASED APPROACH: DIFFERENT CATEGORIES OF PERSONAL DATA AND DIFFERENT PURPOSES FOR PROCESSING THEM
§4.07 CENTRAL ISSUES OF DATA PROTECTION LAW IN THE EMPLOYMENT RELATIONSHIP
[A] Personal Information in the Hiring Process / Job Interviews
[B] Video Surveillance / CCTV in the Workplace
[1] Applicable Provisions of the Federal Data Protection Act (BDSG)
[2] Legitimate Purposes
[3] Proportionality Test
[C] Surveillance of Internet and E-Mail at the Workplace
[D] Transfer of Data in International Corporate Groups
§4.08 SOME REMARKS ON THE PROPOSED REFORM OF THE EUROPEAN LEGAL FRAMEWORK
§4.09 LIST OF IMPORTANT CASES
[A] The Mother of All Data Protection Cases: The Census Verdict of the Federal Constitutional Court
[B] Telephone Surveillance I (Federal Constitutional Court)
[C] Online Searches and Reconnaissance of the Internet (Federal Constitutional Court)
[D] Search of the Employee's Locker (Federal Labour Court)
[E] The Video Surveillance / CCTV Cases of the Federal Labour Court
[F] Data Processing on the Basis of an Employer/Works Council Agreement (Federal Labour Court)
§4.10 ENFORCING DATA PROTECTION LAW: IMPORTANT SUPERVISION AND ADVISORY BODIES
[A] The Federal Commissioner for Data Protection and Freedom of Information (Bundesbeauftragte für den Datenschutz und die Informationsfreiheit, BfDI)
[B] The Federal Office for Information Security (Bundesamt für Sicherheit in der Informationstechnik, BSI)
[C] The Data Protection Working Party Established by Article 29 of the EC-Data Protection Directive
[D] The European Data Protection Supervisor (EDPS)
CHAPTER 5 Protection of Personal Information and Privacy in the Japanese Workplace
§5.01 INTRODUCTION
§5.02 REGULATORY SCHEMES FOR THE PROTECTION OF EMPLOYEES' PERSONAL INFORMATION AND PRIVACY
[A] Constitution and the Law of Tort
[B] International Instruments
[1] OECD Guidelines and APEC Framework
[2] ILO Code of Practice
[C] Municipal Legislation
[1] The Act on the Protection of Personal Information
[2] Enforcement
§5.03 PURPOSE OF THE ACQUISITION AND UTILISATION OF EMPLOYEES' PERSONAL INFORMATION
[A] Recruitment
[1] Investigation of the Political Beliefs of Job Applicants
[2] Dismissal for Failure to Disclose Personal Information
[3] Labour Administration Guidance
[4] Blood Tests for Job Applicants
[B] Disciplinary Action
[C] Effective Human Resource Management Including Job Allocation
[D] Transfer of Employees
[E] Health and Safety Compliance
§5.04 PERSONAL INFORMATION PROTECTION IN THE HIRING PROCESS
§5.05 PERSONAL INFORMATION AND PRIVACY PROTECTION IN EMPLOYMENT RELATIONS
[A] Conditions for Obtaining Employees' Personal Information
[B] Surveillance with Electronic Devices
[C] Disclosure of a Disciplined Employee's Name or Other Work-Related Information within the Firm
[D] Employees' Right to Access, Confirm, and Request the Correction of Personal Information
§5.06 PERSONAL INFORMATION AND PRIVACY PROTECTION AFTER THE CESSATION OF EMPLOYMENT RELATIONS
§5.07 CONCLUSION
CHAPTER 6 Protection of Employees' Personal Information and Privacy at a Crossroads in Korea
§6.01 INTRODUCTION
§6.02 REGULATION SYSTEMS FOR THE PROTECTION OF EMPLOYEES' PERSONAL INFORMATION AND PRIVACY
[A] The Constitution
[B] The Personal Information Protection Act as a General Law for Protection of Personal Information
[1] Purpose and Scope of the Law
[2] Scope
[3] Principle of Personal Information Management
[4] Relief Procedure in Case of Violation
[C] The Protection of Communications Secrets Act
[D] The Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.
[E] The Act on the Protection, Use, Etc. of Location Information
[F] The National Human Rights Commission Act
[G] The Labor Legislations
§6.03 RELATION BETWEEN EMPLOYER'S INTEREST, AND EMPLOYEES' PRIVACY AND PERSONAL INFORMATION
[A] Legal Basis for Employee Privacy and Protection of Personal Information and Necessity of Balancing
[B] Requirements for the Employer to Collect and Monitor the Employee's Personal Information
§6.04 PERSONAL INFORMATION PROTECTION IN RECRUITMENT PROCESS
[A] Consent from Applicant
[B] Scope of Collectable Personal Information
§6.05 PROTECTION OF PERSONAL INFORMATION AND PRIVACY IN EMPLOYMENT
[A] Collection and Use of Personal Information by Employer in the Process of Employment
[B] Protection of Personal Information and Privacy Related to Electronic Surveillance System
[1] Installation of CCTV, Etc. in the Workplace
[2] Surveillance by Monitoring Internet and E-mail
[3] Methods of Consent as Requirement for Adopting Electronic Surveillance System
[C] Issues of Recognizing Employee's Right to Demand Inspection, Correction, Deletion of Personal Information
[D] Issues of Personal Information of Retired Employees after the Employment Relations
§6.06 CONCLUSION
CHAPTER 7 Protection of Employees' Privacy and Personal Information in Spain: General Patterns and Case Law Trends
§7.01 PROTECTION OF EMPLOYEES' PRIVACY AND PERSONAL INFORMATION IN THE SPANISH SYSTEM: GENERAL FRAMEWORK OVERVIEW
§7.02 PERSONAL DATA MANAGEMENT IN THE EMPLOYMENT RELATIONSHIP AND IN THE HIRING PROCESS
§7.03 AUDIO-VISUAL SURVEILLANCE IN THE WORKPLACE
§7.04 CONTROL OVER EMPLOYEE'S COMMUNICATIONS (I): GENERAL RULES AND TRADITIONAL TOOLS
§7.05 CONTROL OVER EMPLOYEE'S COMMUNICATIONS (II): E-MAIL AND OTHER INTERNET MESSAGING SOFTWARE
§7.06 FURTHER CONTROL ON COMPUTERS AND INTERNET BROWSING
§7.07 MEDICAL EXAMINATIONS AND HEALTH DATA
§7.08 CONCLUSIONS
CHAPTER 8 Protection of Employees' Personal Information and Privacy in Taiwan
§8.01 INTRODUCTION
[A] New Tools Change the World
[B] Historical Background of Taiwan
§8.02 REGULATORY SCHEMES FOR PROTECTING EMPLOYEES' PERSONAL INFORMATION AND PRIVACY
[A] Taiwan's Constitution
[B] International Law
[C] Criminal Code
[1] Offences against Reputation
[2] Offences against Privacy
[D] Civil Code
[E] Personal Data Protection Act
[1] Coverage of Protection
[a] Personal Data
[b] Special Personal Data
[c] Normal Personal Data
[2] Liability for Damage and Compensation
[a] Liability Doctrine
[b] Compensation Systems
[c] Altruistic Class Action System
[3] Limitations on the Collection, Processing, and Use of Special Personal Data
[4] Limitations on Collecting, Processing, and Using Normal Personal Data
[5] Duty to Inform before Collecting, Processing, or Using Personal Data
[F] Employment Services Act
§8.03 BALANCE BETWEEN BUSINESS NECESSITY AND EMPLOYEES' PRIVACY
[A] Exception in Accordance with the Law
[1] Occupational Safety and Health Act
[a] General
[b] Employers' Authority and Attendant Legal Duties
[2] Employers' Right to Refuse Employment and to Transfer or Dismiss Employees
[3] Labour Insurance Act and National Health Insurance Act
[4] Teacher Law
[5] Company Law
[B] Exception for Employers to Fulfil the Legal Obligation
[1] Prevention of Communicable Disease
[2] Indigenous Peoples Employment Rights Protection Act and People with Disabilities Rights Protection Act
[C] Exceptions in the Cases of Employment Contracts or Written Consent Provided by Employees
[D] Clean Work, Clean People?
§8.04 PROTECTION OF THE PRIVACY OF OFF-DUTY EMPLOYEES
§8.05 CONCLUSION
CHAPTER 9 Protection of Employees' Personal Information and Privacy in English Law
§9.01 INTRODUCTION
§9.02 THE REGULATORY FRAMEWORK
[A] Human Rights Treaties and Legislation
[B] Data Protection Legislation
[C] Legislation on the Interception of Communications
[D] Access to Medical Reports
[E] Information about Criminal Offences
[F] Equality Legislation
[G] Common Law
§9.03 OBTAINING INFORMATION AND MONITORING EMPLOYEES: LEGITIMATE PURPOSES
§9.04 PERSONAL INFORMATION PROTECTION IN THE HIRING PROCESS
[A] Criminal Proceedings
[B] Health and Medical Information
[C] Information on Other Matters
§9.05 PERSONAL INFORMATION AND PRIVACY PROTECTION DURING THE EMPLOYMENT RELATIONSHIP
§9.06 PERSONAL INFORMATION AND PRIVACY PROTECTION AFTER THE EMPLOYMENT RELATION ENDS
§9.07 CONCLUSION
CHAPTER 10 Privacy as Sphere Autonomy
§10.01 INTRODUCTION
§10.02 PRIVACY AS CONFIDENTIALITY
§10.03 PRIVACY AS PERSONAL SOVEREIGNTY
§10.04 PRIVACY AS SPHERE AUTONOMY
§10.05 SPHERE AUTONOMY AND U.S. EMPLOYMENT LAW
§10.06 CONCLUSION
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