Notesale: Turn your study into money

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EMPLOYMENT – PRIVACY

HUMAN RIGHTS
ACT 1998
*Absolute prohibition
on art 4: forced/slave
labour
...

Arrival at work is recorded on CCTV; use of a swipe
card or pass to gain entry [is] recorded; logging onto a
PC is recorded
...
accessing the internet,
using a telephone and leaving voicemail messages, all of
which are likely to involve recording of data
...
”
Lorder (2004)
...
almost absolute priority to management prerogative and almost
no recognition to workers’ private interest
...
Information may be
collected for purposes which are irrelevant to
performance at work; it may include private facts; it may
be collected for one purpose but be used for another; it
may be inaccurate; and it may be disclosed to third
parties without the knowledge or concept of the worker
...

*Restricted privacy a bit: Regulation of Investigatory Powers Act
2000 AND * Telecommunications (Lawful Business Practice)
(Interception of Communications) Regulations 2000

*art 8: privacy
*art 11: freedom of
assembly – young,
james and Webster v
uk

 

*Definition of “Data” (s
...

*The processing of personal data must be “necessary”
and “justifiable”
...

*Main Rights (governed by part 2 of the act):
- Right to access personal data (section 7);
-Right to know the purposes for which the data will be
used (section 7);
-Right to prevent processing which is likely to cause
damage or distress (section 10 and 11); and
-Right not to be subjected to certain categories of
decisions based solely on the automatic processing of
data (section 12)
...
Workers can
claim compo in any section is breached
...
informationcommissioner
...
uk
*Durant v Financial Services Authority (2003) – re
personal data

*DPA and Monitoring
- No more than necessary
- Impact assessment required
- Clear purpose
- Employees must be aware
_has to be reasonable, justified and no more than criminal activity
that is suspected
...
If found
information out legitimately was not a bar to finding in favour of C
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The C was
not given any warning that her calls may be intercepted and as a
result she had a reasonable expectation to privacy
...
This has resulted in that such monitoring would be allowed in
certain circs – typically if the employee has consented or has
knowledge
...

*Problem as a result of these pieces of legislation is no requirement
of proportionality in relation to balance of rights of workers against
employers
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WHISTLEBLOWERS - “a conventional view
...
” Lewis (2000)
*This was certainly the case pre Public Interest and Disclosure Act
1998 (PIDA)
...
This was a high test, so most
employees that spoke out were going to be subject to dismissal for
breach of contract
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Burden on
whistleblower
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Arguments that whistleblowers should be
protected by anti-discrimination legislation
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