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The Acquisition and Dissemination of Employee Data: the Law of the European Union and the United States Compared

Publication date: 2015

Studies on Labour Law and Social Policy, 2015, Vol. 22, pp. 1 - 1

Authors

Matthew Finkin
University of Illinois at Urbana-Champaign
Champaign, Illinois,, United States of America
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Titles

The Acquisition and Dissemination of Employee Data: the Law of the European Union and the United States Compared

Abstract

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.

References


Information

Information: Studies on Labour Law and Social Policy, 2015, Vol. 22, pp. 1 - 1

Article type: Original article

Titles:

Polish:

The Acquisition and Dissemination of Employee Data: the Law of the European Union and the United States Compared

English:

The Acquisition and Dissemination of Employee Data: the Law of the European Union and the United States Compared

Authors

University of Illinois at Urbana-Champaign
Champaign, Illinois,, United States of America

Published at: 2015

Article status: Open

Licence: None

Percentage share of authors:

Matthew Finkin (Author) - 100%

Article corrections:

-

Publication languages:

English

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