Privacy and Employment Law

John Craig is a Barrister and Solicitor with the law firm Heenan Blaikie,in Toronto, Canada.

Introduction: the evolution of labour and human rights law in the United Kingdom; workplace privacy law in the United Kingdom - background. The right of privacy and competing interests in the employment context: introduction; the prevalence of privacy-invasive management practices; defining privacy and applying it in the workplace context; placing value on the private interests of workers; the interests of employers and the public which may justify limiting worker privacy; conclusions. Labour law and the right of privacy: introduction; management and organisation theory as a starting point; competing approaches within labour law; conclusions. Privacy in the workplace in the United States: introduction; comparative labour law and the right of privacy; workplace privacy law in the United States; conclusions. Privacy in the workplace in France: introduction; background - the right of privacy in French law; the general right of privacy in French labour law; specific provisions of French labour law protecting the right of privacy; institutional and procedural features unique to French law; conclusions. Privacy in the workplace in Canada: introduction; background - Canadian employment law; the right of privacy in Canada; workplace privacy protection in the public sector workplace; workplace privacy protection in the private sector workplace; conclusions. Seven legal principles: introduction - convergence, divergence and harmonization; legal principles for the protection of the right of privacy in the workplace; conclusions. Employment drug testing: introduction; competing policy approaches to controlling drugs; forms of drug testing policies; methods and limitations of drug testing; the impact of drug testing on private interests; justifications for drug testing; reconciling candidate/employee, employer and public interests; ensuring that the least restrictive means are adopted (principle 6); conclusions - a law governing employment drug testing. Employment genetic testing: introduction; the science of genetics and the human genome project; testing for genetic conditions; genetic testing in the workplace; the impact of genetic testing on private interests; justifications for workplace genetic testing; reconciling candidate/employee, employer and public interests; ensuring that the least restrictive means are adopted (principle 6); conclusions - a law governing employment genetic testing. The emerging law of workplace privacy in the United Kingdom: introduction; privacy and labour law in the United Kingdom; incorporation of the European convention on human rights; implementation of the European directive on data protection; Conclusions.