Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication Type
- File Type
Articles 1 - 2 of 2
Full-Text Articles in Law
¿Viva La Data Protection? Chile As A Touchstone For The Future Of Information Privacy, Nicola Carah Menaldo
¿Viva La Data Protection? Chile As A Touchstone For The Future Of Information Privacy, Nicola Carah Menaldo
University of Miami International and Comparative Law Review
This article attempts to uncover a puzzle: although the traditional levers for strong privacy protection are present in Chile - a history of dictatorship, an information technology revolution, and strong trade with the European Union - its data protection laws are in fact very weak. What explains this apparent disconnect? This article challenges the conventional wisdom that Chile's weak data protection regime is the result of weak democratic institutions, collective action problems, or the prioritization of credit data protections. Instead, it argues that Chile's stunted regime results from a political culture in which privacy protections, generally, are traded off for …
Intrusive Monitoring: Employee Privacy Expectations Are Reasonable In Europe, Destroyed In The United States, Lothar Determann, Robert Sprague
Intrusive Monitoring: Employee Privacy Expectations Are Reasonable In Europe, Destroyed In The United States, Lothar Determann, Robert Sprague
Robert Sprague
This Article examines the contrasting policy and legal frameworks relating to data privacy in the United States and the European Union, with a particular focus on workplace privacy and intrusive surveillance technologies and practices. It examines the U.S. perspective on modern work-related employer monitoring practices, the laws giving rise to possible employee privacy rights, and specific types of employer monitoring that may lead to actionable invasions of employee privacy rights. This article then addresses the issue of employee privacy from the EU perspective, beginning with an overview of the formation of authority to protect individual privacy rights, followed by an …