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Discuss the above statement in the context of mostly Irish and European Employment Law.
Question: Thus, it is the employer, for the most part, who determines the extent of privacy the employee can enjoy at work by performing surveillance and informing employees of the nature and extent of same in advance. This approach to employee privacy implies that so long as the employee is aware of the surveillance there is no harm. But this is not necessarily true (…) (p)art of the dignity of every individual lies in their ability to act autonomously: surveillance harms this ability…”
Cox, Corbett & Connaughton, “Employment Law In Ireland” 2nd Ed. (Clarus Press: Dublin 2022) at para 14.19.
Critically discuss the above statement in the context of mostly Irish and European Employment Law. You are required to support your answer with relevant caselaw and academic commentary
PLEASE REMEMBER YOU ARE ALWAYS REFERING TO THE QUOTE AND BACK TO THE QUESTION
If you are bringing up a case, e.g Lopez Ribalda and Others v Spain or Data Protection Commissioner v Doolan, do NOT go into the facts of the case. briefly state in one sentence what happened and the decision of the court and REFER back to the question.
I have provided powerpoint slides to help you and I expect the most relevant ones to be used in the answer.
Exceptional English is required, if it is not up to standard I will be asking for a redo completely of the entire essay.
referencing – Oscola: bibliography, list of cases (if applicable) and footnotes at the end of each page
Refer to academic articles and books
When referring to articles and books refer to at least 4 of these:
Ailbhe Murphy & Maeve Regan, Employment Law 2nd Edition (Bloomsbury Professional 2019) at Part II Chapter 7 (available at Bloomsbury Professional on the UCC databases)
Frances Meenan, Employment Law 1st Edition (Dublin: Round Hall 2014) at Chapter 4, section 9 (available at westlaw.ie)
Neville Cox, Val Corbett & Mark Connaughton, Employment Law in Ireland 2nd Edition (Dublin: Clarus Press 2022) at Chapter 14
Arye Schreiber, “Mere Access to Personal Data: Is it Processing?”, International Data Privacy Law, (2020) Vol.10, Issue 3 at pp. 269-277
Chris Jaye Hoofnagle, Bart van der Sloot & Frederik Zuiderveen Borgesius, “The European Union general data protection regulation”: What it Is and What it Means, Information Communication and Technology Law (10 Feb. 2019) Vol.28, Issue 1 at pp 65-98
https://go.exlibris.link/0yMNhLxw Links to an external site.
Halefom H. Abraha, “A Pragmatic Compromise? The Role of Article 88 GDPR in upholding privacy in the workplace”, International Data Privacy Law (2022) Volume 12, Issue 4 pp 276-296
https://doi.org/10.1093/idpl/ipac015 Links to an external site.
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