Privacy Of Employees Essay
1. Describe and critically discuss the legal rules regarding the privacy of employees in the workplace.
Technology enables greater monitoring of employees and other users in the workplace. The Data Protection Commissioner provides a guideline to organisations for monitoring the staff because organisations have an interest to protect their business and its resources. Organisation may monitors their employees and their activities like- use of emails, internet, and other organizational resources. However, the surveillance process collects the use or storage of information about employees or workers, and their videos or images which involves the processing of personal data and , as such, data protection law applies to such processing. (Data Protection Commissioner Guidelines- Monitoring of Staff).
Legal Issues in Monitoring of Employees, There are several legal issues to be addressed with respect to data privacy that is- web usage, recording of telephone calls, employees may have smartphones which can be used
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Constitutional right in Ireland generally do have a horizontal as well as vertical effect, It applies to private actors as well as the states, for example:
Case Law: Kennedy and Arnold v. Ireland[1987] IR 587,
In this case, Hamilton P held that the tapping of the plaintiff's telephone by the state in order to identify about the cabinet leak and it was a breach of the right to privacy. The court accepted that it had been done without a legal basis and court order to them very substantial damages for the invasion of their privacy. Significant aspect of that case record did not draw distinction between the private home family calls and work calls, by the definition of this case it is difficult to identify who was leaking to them and court accepted that both type of interception is prohibited.
Case Law: Herrity V. Associated Newspapers (Ireland) Ltd. [2009] 1 IR
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