Intrusive Monitoring: Employee Privacy Expectations are Reasonable in Europe, Destroyed in the United States

Posted: 27 Jul 2013

See all articles by Lothar Determann

Lothar Determann

Baker & McKenzie LLP; Freie Universit├Ąt Berlin; Berkeley School of Law; University of California Hastings College of the Law

Date Written: 2011

Abstract

This Article examines the contrasting policy and legal frameworks relating to data privacy in the United States and the European Union, with a particular focus on workplace privacy and intrusive surveillance technologies and practices. Part II of this Article examines the U.S. perspective on modern work-related employer monitoring practices, the laws giving rise to possible employee privacy rights, and specific types of employer monitoring that may lead to actionable invasions of employee privacy rights. Part III then addresses the issue of employee privacy from the E.U. perspective, beginning with an overview of the formation of authority to protect individual privacy rights, followed by an analysis of the principal areas of protection and their application. Part IV then provides comparison and conclusions regarding the fundamental differences between the United States and the European Union in employee privacy protection.

Keywords: data privacy, workplace, surveillance

Suggested Citation

Determann, Lothar, Intrusive Monitoring: Employee Privacy Expectations are Reasonable in Europe, Destroyed in the United States (2011). Berkeley Technology Law Journal, Vol. 26, 2011, Available at SSRN: https://ssrn.com/abstract=2298902

Lothar Determann (Contact Author)

Baker & McKenzie LLP ( email )

660 Hansen Way
Palo Alto, CA 94304-1044
United States
6508565533 (Phone)

Freie Universit├Ąt Berlin ( email )

Kaiserswerther Str. 16-18
Berlin, 14195
Germany
+49 (0) 30 838-70000 (Phone)

Berkeley School of Law ( email )

2850 Telegraph Avenue
Suite 500
Berkeley, CA 94704
United States

University of California Hastings College of the Law ( email )

200 McAllister Street
San Francisco, CA 94102
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Abstract Views
352
PlumX Metrics