Reasonable Expectations of Privacy?: Eleven Country Reports on Camera Surveillance and Workplace Privacy

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Sjaak Nouwt, Berend R. de Vries, Corien Prins
Cambridge University Press, 2005 M07 28 - 382 pages
In 1967, Justice John Marshall Harlan introduced the litmus test of ‘a reasonable expectation of privacy’ in his concurring opinion in the US Supreme Court case of Katz v. United States. Privacy, regulations to protect privacy, and data protection have been legal and social issues in many Western countries for a number of decades. However, recent measures to combat terrorism, to fight crime, and to increase security, together with the growing social acceptance of privacy-invasive technologies can be considered a serious threat to the fundamental right to privacy. What is the purport of ‘reasonable expectations of privacy’?

Reasonable expectations of privacy and the reality of data protection is the title of a research project being carried out by TILT, the Tilburg Institute for Law, Technology, and Society at Tilburg University, The Netherlands. The project is aimed at developing an international research network of privacy experts (professionals, academics, policymakers) and to carry out research on the practice, meaning, and legal performance of privacy and data protection in an international perspective.

Part of the research project was to analyse the concept of privacy and the reality of data protection in case law, with video surveillance and workplace privacy as two focal points. The eleven country reports regarding case law on video surveillance and workplace privacy are the core of the present book. The conclusions drawn by the editors are intended to trigger and stimulate an international debate on the use and possible drawbacks of the ‘reasonable expectations of privacy’ concept.

The editors are all affiliated to TILT – Tilburg Institute for Law, Technology, and Society, Tilburg University, The Netherlands.

This is Volume 7 in the Information Technology and Law (IT&Law) Series

 

Contents

1
3
2
9
4
25
5
35
the US Case
39
3
41
4
50
5
58
Five Switching Off the Surveillance Society? Legal Regulation
91
3
107
Six Camera Surveillance in the Netherlands Sjaak Nouwt
115
Eight Camera Surveillance and Workplace Privacy in Belgium
167
Nine Privacy and Data Protection at the Workplace in Germany
211
Ten Privacy and Data Protection at the Workplace in Hungary
249
Eleven Personal Data Protection in the Workplace in Italy
285
Twelve Video Surveillance and Related Privacy and Data Protection
293

Four Video Surveillance and Privacy Protection Law in Canada
61
3
66
5
77
6
83
Thirteen Analysis of the Country Reports Sjaak Nouwt
323
About the editors and authors
359
Copyright

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