Atkinson, J. orcid.org/0000-0001-5207-2231 (2018) Workplace monitoring and the right to private life at work. Modern Law Review, 81 (4). pp. 688-700. ISSN 0026-7961
Abstract
In Barbulescu v Romania, the European Court of Human Rights clarified the application of the Article 8 right to private life in the workplace, and the extent of the state's positive obligations to protect the right against workplace monitoring. The decision establishes that there is an irreducible core to the right to private life at work that does not depend on an employee's reasonable expectations of privacy, and sets out clear principles for striking a fair balance between Article 8 and the employer's interests in the context of workplace monitoring. This article considers the nature of states’ positive obligation to protect human rights at work, the scope of the right to private life, and the impact of the decision on domestic law of unfair dismissal.
Metadata
Item Type: | Article |
---|---|
Authors/Creators: |
|
Copyright, Publisher and Additional Information: | © 2018 The Author. The Modern Law Review © 2018 The Modern Law Review Limited. This is an author-produced version of a paper subsequently published in Modern Law Review. Uploaded in accordance with the publisher's self-archiving policy. |
Keywords: | Human Rights; Employment; European Court of Human Rights; Article 8; Private life |
Dates: |
|
Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 06 Oct 2022 09:04 |
Last Modified: | 06 Oct 2022 10:14 |
Status: | Published |
Publisher: | Wiley |
Refereed: | Yes |
Identification Number: | 10.1111/1468-2230.12357 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:191303 |