scholarly journals PERSONAL DATA IN THE CONTEXT OF EMPLOYMENT RELATIONS

2021 ◽  
Author(s):  
Pavlina Ivanova ◽  
Keyword(s):  
Personal Data ◽  
Employment Relationship ◽  
Employment Relations ◽  
Job Candidates ◽  
The Law

For the purposes of the employment relationship under the law, employers collect, process and store a certain amount of personal data of job candidates and employees. This creates for them respective obligations and responsibilities in their capacity as controllers of personal data. The report examines the grounds for the collection and processing of personal data for the purposes of employment and sets out the necessary measures to ensure the confidentiality of personal data of staff.

scholarly journals Confidentiality in Mediation: A Review of New Zealand Case Law

2013 ◽  
Author(s):  
Michael F. Keith
Keyword(s):  
New Zealand ◽  
Public Interest ◽  
Case Law ◽  
Employment Relationship ◽  
Mediation Process ◽  
Employment Relations ◽  
Relationship Problems ◽  
Core Value ◽  
The Law ◽  
Court Of Appeal

The Employment Relations Act 2000 has as a core value the settling of employment relationship problems at the lowest level practicable. Mediation plays a prominent part in this process. A key issue in the mediation process is the application of confidentiality. Through review of significant cases determined by the Employment Relations Authority, Employment Court and the Court of Appeal, this paper examines the development and application of confidentiality within the mediation process in New Zealand. The Paper finds that while the law is well developed ethical and public interest issues remain. Further judicial and parliamentary consideration is called for.

Importance of Personal Data Protection Law for Commercial Air Transport

2017 ◽  
Vol 2017 (1) ◽  
pp. 35-44
Author(s):  
Dawid Zadura
Keyword(s):  
Data Protection ◽  
Public Information ◽  
Personal Data ◽  
Air Transport ◽  
Civil Aviation ◽  
Aviation Industry ◽  
Personal Data Protection ◽  
It Systems ◽  
Data Protection Law ◽  
The Law

Abstract In the review below the author presents a general overview of the selected contemporary legal issues related to the present growth of the aviation industry and the development of aviation technologies. The review is focused on the questions at the intersection of aviation law and personal data protection law. Massive processing of passenger data (Passenger Name Record, PNR) in IT systems is a daily activity for the contemporary aviation industry. Simultaneously, since the mid- 1990s we can observe the rapid growth of personal data protection law as a very new branch of the law. The importance of this new branch of the law for the aviation industry is however still questionable and unclear. This article includes the summary of the author’s own research conducted between 2011 and 2017, in particular his audits in LOT Polish Airlines (June 2011-April 2013) and Lublin Airport (July - September 2013) and the author’s analyses of public information shared by International Civil Aviation Organization (ICAO), International Air Transport Association (IATA), Association of European Airlines (AEA), Civil Aviation Authority (ULC) and (GIODO). The purpose of the author’s research was to determine the applicability of the implementation of technical and organizational measures established by personal data protection law in aviation industry entities.

Data warehousing management issues in online recruiting

2002 ◽  
Vol 21 (1) ◽  
pp. 1-8
Author(s):  
Binshan Lin ◽  
Victoria S. Stasinskaya
Keyword(s):  
Personal Data ◽  
Employment Opportunities ◽  
Missed Opportunities ◽  
Employment Services ◽  
Online Recruiting ◽  
Large Databases ◽  
Job Candidates ◽  
Management Issues ◽  
Analyze Data

Online recruiting is becoming one of the major trends in Human Resource Management. Managers are capable of finding quickly and efficiently qualified candidates to fill variety of professional positions within United States and overseas. Varieties of websites were created online to store resumes for the employer's search in the form of database warehouses and datamarts. Datamarts target specific segments of the employment opportunities. Managers run queries to search and analyze data abstracted from these large databases. Major issues for managers in using online recruitment present accuracy, verifiability, and accountability of the data selected. An obstacle for potential employees using online employment services is the privacy of the data submitted by them from current employers and other websites collecting their personal data without consent for marketing purposes. Another issue in online employment databases remains inefficiencies in the ways the data is be retrieved, stored and analyzed. The lack of personal touch during online employment limits communicational flow between potential employees and the employer, leading to the frustrations of the job candidates and missed opportunities on the behalf of the employers. A follow-up service from the site can serve as a communicational link in the process.

Dismissal with Monetary Consideration under Art. 232, para. 2 of the Labour Code

De Jure ◽  
2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Hristo Banov ◽  
Keyword(s):  
Employment Relationship ◽  
The Other ◽  
Employment Contract ◽  
Other Hand ◽  
Unilateral Termination ◽  
The Law ◽  
The One ◽  
Rules Set ◽  
Final Calculation

The article reviews the main differences between the monetary obligation of the employer under Art. 232, para. 2 of the Labour Code and other payments that the same party owes by law in the employment relationship. Thus, the hypotheses are differentiated, on the one hand, of the unilateral termination of the employment contract by the employer against monetary payment on the grounds of Art. 232, para. 2 of the Labour Code, and, on the other hand, the emergence of an obligation to pay certain compensations – in the true sense of the term – under Art. 213, Art. 214, Art. 219, para. 2 and Art. 225 of the Labour Code. Thereby, the thesis regarding the impossibility of incurring of an obligation on the employer to simultaneously execute the various mentioned monetary considerations, is reasoned. In addition, the rules set out in the law are discussed, both for contracting and for the final calculation of the amount of the employer’s monetary payment, which this study focuses on.

scholarly journals Polish Employment Law in the Face of Digitization and New Technologies

2019 ◽  
pp. 118-131
Author(s):  
Ewa Suknarowska-Drzewiecka
Keyword(s):  
Industrial Revolution ◽  
New Technologies ◽  
Personal Data ◽  
Employment Relationship ◽  
Digital Platforms ◽  
Digital Revolution ◽  
Personal Rights ◽  
The Face ◽  
Definition Of ◽  
Control Work

The digital revolution, also called the fourth industrial revolution, constitutes another era of change, caused by the development of computerisation and modern technologies. It is characterised by rapid technological progress, widespread digitisation and an impact on all areas of life, including the provision of work. The changes affecting this area are so significant that there are proposals to remodel the definition of the employment relationship in the Labour Code. New forms of employment, which do not fit the conventional definition of an employment relationship, are emerging and gaining importance. An example could be employment via digital platforms. At the same time, there are also employment forms that do fit that definition, but deviate from the conventional understanding of the terms and conditions for performing work, which have undergone modification due to the use of new technologies. Teleworking, or working outside the employer’s premises, are examples of that. Employers get further opportunities to organise and control work, which often raises concerns due to the employee’s right to privacy, the protection of personal rights and personal data.

Jak szukać i nie pogubić się w gąszczu przepisów? Problematyka prawna poszukiwań genealogicznych

2021 ◽  
pp. 179-192
Author(s):  
Aleksandra Kluczewska ◽  
Keyword(s):  
Death Certificate ◽  
Personal Data ◽  
Legal Issues ◽  
Legal Regulations ◽  
Valuable Source ◽  
Eu Regulation ◽  
Legal Problems ◽  
The Law ◽  
Administrative Courts ◽  
The Eu

For a genealogist, each birth, baptism, marriage and death certificate is a valuable source of research. It turns out, however, that genealogists in their work encounter obstacles related to the restriction of access to these sources. This “brake” is legal regulations that can effectively discourage a genealogist from continuing their research. The aim of this article is to present the legal issues of genealogical research, especially in terms of the practice of applying the law and emerging problems in jurisprudence. In her article, the author presented the currently existing legal regulations, which in some cases may hinder genealogists from accessing searches, including legal problems related to the EU Regulation on the Protection of Personal Data (GDPR) in force since May 2018. The article also presents the problem of access to genealogical research from its practical side, recalling the decisions of Provincial Administrative Courts and the Supreme Administrative Court.

The Contractualisation of Labour Law

2018 ◽  
pp. 33-47
Author(s):  
John Gardner
Keyword(s):  
Common Law ◽  
Employment Relationship ◽  
Labour Law ◽  
Work Relations ◽  
Contractual Relationship ◽  
The World ◽  
British Labour ◽  
The Common ◽  
The Law ◽  
Main Ideas

This chapter explores the idea that labour law rests on ‘a contractual foundation’, and the idea that work relations today are ever more ‘contractualised’. Section 1 lays out some essentials of British labour law and its connections with the common law of contract. Section 2 explains what contractualisation is, not yet focusing attention on the specific context of labour law. The main claims are that contract is not a specifically legal device, and that contractualisation is therefore not a specifically legal process, even when the law is complicit in it. Section 3 shifts attention to the world of work, especially the employment relationship. Here the main ideas are that the employment relationship is not (apart from the law) a contractual relationship, and that all the norms of the employment relationship cannot therefore be captured adequately in a contract, legally binding or otherwise. Section 4 illustrates the latter point by focusing on the rationale and the limits of the employer’s authority over the employee. A contractual rationale yields the wrong limits. It gives its blessing to authoritarian work regimes and lends credence to the miserable view that work is there to pay for the life of the worker without forming part of that life. Throughout the chapter there are intimations of the conclusion drawn in section 5: that contractualisation, in the labour market at least, is a process that lovers of freedom, as well as lovers of self-realisation, should resist—or rather, should have resisted while they still had the chance.

15. Vicarious Liability

2017 ◽  
Author(s):  
Mark Lunney ◽  
Donal Nolan ◽  
Ken Oliphant
Keyword(s):  
Employment Relationship ◽  
Duty Of Care ◽  
Independent Contractor ◽  
Vicarious Liability ◽  
The Law

The law of vicarious liability traditionally operates so as to impose liability on an employer for the tort of an employee, but several conditions must be satisfied. This chapter discusses the development of and justification for vicarious liability; the employment relationship and relationships ‘akin to employment’; and the requirement that the tort be committed in the course of employment for vicarious liability to arise. The chapter also considers primary liability of an employer for the conduct of an employee or independent contractor, arising out of breach of a non-delegable duty of care.

22. Data Protection and Data Exclusivity

2019 ◽  
pp. 497-512
Author(s):  
Justine Pila ◽  
Paul L.C. Torremans
Keyword(s):  
Data Protection ◽  
Patent Protection ◽  
Personal Data ◽  
Pharmaceutical Sector ◽  
Data Exclusivity ◽  
The Law ◽  
Data Subject

This chapter examines the law on data protection and data exclusivity. It focuses on the new GDPR Regulation. It covers rules on lawful processing of personal data, on the security of the processing, on the transparency of the processing, and on promoting compliance. It also discusses the rights of the data subject, the transfer of personal data to third countries, and the period of data exclusivity granted to the pharmaceutical sector independent of any form of patent protection.

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