TY - JOUR
TI - The Acquisition and Dissemination of Employee Data: the Law of the European Union and the United States Compared
AU - Finkin, Matthew
TI - The Acquisition and Dissemination of Employee Data: the Law of the European Union and the United States Compared
AB - 
	This essay presents a schematic comparing the legal approach to employer acquisition and dissemination of applicant and employee information in the European Union and the United States.  The schematic sets out seven analytical heads: source of law; scope; form; means of effectuation; conceptual grounding; valence; and the relationship of privacy protection to the freedom of expression.  The essay then examines the meaning of these categories and explores the commonalities and differences between the E.U. and the U.S. under each of them.  It concludes by taking up a common problem: employer access to and use of applicant and employee social media communications.  That specific comparison, on a current and pressing issue, breathes life into the analytical differences and shows that, despite the differences, the actual result "on the ground," so to speak, may not differ significantly; that the remedial situation in both systems may render the protection they afford illusory.
VL - 2015
IS - Vol. 22
PY - 2015
SN - 1429-9585
C1 - 2544-4654
SP - 1
EP - 1
UR - https://ejournals.eu/czasopismo/szppips/artykul/the-acquisition-and-dissemination-of-employee-data-the-law-of-the-european-union-and-the-united-states-compared
KW - civility
KW - dignity
KW - informational self-determination
KW - negative right
KW - omnibus standards
KW - privacy
KW - positive right
KW - right to be forgotten
KW - right to be left alone
KW - social media
KW - targeted rules