Overview

Employers collect personal data on workers for a number of purposes, and new ways of collecting and processing employee can create risks for organisations and their workers. While various national laws and international standards have established binding procedures for processing personal data, there is a need to develop data protection provisions which specifically address workers’ personal data in order to safeguard the dignity of workers, protect their privacy, and guarantee their fundamental right to determine who may use which data for what purposes and under what conditions.

This briefing addresses the protection of employee data, data collection, security, storage, use and communication in a collection of articles from 18 jurisdictions. It begins with an overview of the European Data Protection Directive which can be divided into two “big picture” categories: (1) compliance obligations that apply to obtaining and using personal data within the EU; and (2) restrictions on cross-border data transfers to jurisdictions outside the EU. At the end of that article is a list of key steps companies can take to help them ensure compliance with the data privacy requirements that apply in the jurisdictions in which they have operations.

Following the global overview, a selection of articles cover compliance with data privacy laws in Argentina, Azerbaijan, Argentina: Brazil, Canada, Chile, Colombia, France, Indonesia, Italy, Japan, Malaysia, Mexico, Netherlands, Russia, Spain, Sweden, United Kingdom, United States.


CONTENTS

• International Overview
• Overview of global data privacy laws
• Argentina: Data privacy in the workplace
• Azerbaijan: New Azerbaijani law on data protection
• Brazil: Monitoring employee use of company computer systems
• Canada: Access rights to workplace personal e-mails defined: The Bell Canada decision
• Chile: Data privacy in the workplace
• Colombia: Data privacy in Colombia
• France: Monitoring employees
• Indonesia: Taking the prudent measures; data privacy in the workplace
• Italy: Rating agencies and privacy in Italy: stricter controls on conflicts of interest
• Japan: Data privacy regulation in Japan
• Malaysia: The Malaysian Personal Data Protection Act 2010: an introduction
• Mexico: Personal data protection in Mexico under the new Data Protection Law
• Netherlands: Using images obtained via covert camera surveillance as evidence in civil procedure
• Russia: Russia revises, but does not eliminate, requirement to use cryptography to protect personal data
• Spain: Consent for disclosure of employee data to a contracting party
• Sweden: Whistleblower hotlines
• United Kingdom: Managing data subject access requests
• United States: Social media policies: a note to employers
• Locations Worldwide

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