On-line rights for employees in the information society : use and monitoring of e-mail and internet at work
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Bibliographic Information
On-line rights for employees in the information society : use and monitoring of e-mail and internet at work
（Bulletin of comparative labour relations, 40）
Kluwer Law International, 2002
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Brussels, 13-14 November 2000
Proceedings of the conference organised by: the Royal Flemish Academy of Belgium for Science and the Arts, Union Network International, UNI-Europa, the Euro-Japan Institute for Law and Business
Description and Table of Contents
Description
A number of practices in the "wired" workplace threaten several fundamental rights. More and more, employees are expected to curtail their right to communicate and their right to access to information. Their right to privacy may also be breached by monitoring of their e-mail and Internet activity. Although employers have legitimate reasons for such restrictive or invasive measures and clearly have their own right to supervise the use of company property it can no longer be denied that the legal and even moral issues that arise from the reality of work in the information society demand serious and detailed consideration if labour law's role as a vital component of the employment relationship is to survive. The Conference, held in Brussels in November 2000, was co-sponsored by the Royal Flemish Academy of Belgium for Science and the Arts, Union Network International, UNI-Europa, and the Euro-Japan Institute for Law and Business.
Participants analyzed trends and the possibilities and opportunities to communicate, monitoring included, in order to clarify such issues as the following: "on-line rights" and the form they should take in the workplace; employer liability for damage to third parties caused by e-mail or Internet activity; sexual harassment via e-mail or Internet activity; protection against hackers and other security measures; safeguarding confidentiality, both employer's and employee's; and the right to personal use of the company's communications technology.
Table of Contents
- Preface. Notes on Contributors. Introductory remarks
- R. Blanpain, T. Hanami. Welcome
- T. Wedin. 1. The protection of privacy at work
- P. Skyte. 2. Employment in a global knowledge content
- P. Johnston. 3. Forwarding confidential information on the Internet: technological possibilities of monitoring and control
- M. Van Gestel. 4. Monitoring and control of use of e-mail and Internet by the employee. Management's point of view
- E. Sheehy. 5. Employment and labour law aspects. Setting the scene. Asking the right questions
- R. Blanpain. 6. Privacy and employment law: general principles and application to electronic monitoring
- F. Hendrickx. 7. Belgian Law
- F. Hendrickx. Report of the Belgian workshop
- F. Hendrickx. 8. Dutch Law
- T.C.B. Homan. 9. English Law
- G. Morris. Report of the English workshop
- A. Bibby. 10. French Law
- J.-E. Ray, J. Rojot. 11. German Law
- A. Hoeland. 12. Italian Law
- M. Colucci. 13. Italian Law, V. Ferrante. 14. Italian Law
- E. Dal Bon. 15. Japanese Law
- I. Sunaoshi. 16. US Law
- M.W. Finkin. 17. US Law
- J.P. Kesan. 18. Regulating and monitoring communications in the enterprise: guidelines for the development of an effective usage policy
- J. Dumortier. Index.
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