
Contents
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Introduction Introduction
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Freedom from and Capability to... Freedom from and Capability to...
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A Common Law Approach? A Common Law Approach?
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Legislative Intervention Legislative Intervention
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Blacklisting Blacklisting
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Data protection and privacy Data protection and privacy
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The lack of an enabling approach in UK legislation The lack of an enabling approach in UK legislation
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A Human Rights Approach: Beyond Privacy? A Human Rights Approach: Beyond Privacy?
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Privacy, consent, and proportionality Privacy, consent, and proportionality
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Alternative approaches: freedom of speech and freedom of association Alternative approaches: freedom of speech and freedom of association
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Conclusion Conclusion
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22 Information and Communication Technology and Voice
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Published:April 2014
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Abstract
To date, debates regarding legal regulation of workplace information and communication technology (ICT) have focused on the constraints that employers can legitimately place on worker voice. In this respect, the inadequacies of a common law approach have led to various legislative initiatives (such as that relating to data protection) and acknowledgement of human rights claims (largely relating to privacy). From a capabilities perspective, it is argued here that the current legal approach can be improved in a variety of respects, not least by recognition of the potential enabling functions of ICT. We could, for example, build into legislation positive entitlements for workers and their organizations to utilize email and other communication mechanisms in the workplace. Further, the current sole focus on privacy rights could usefully be supplemented by greater appreciation of workers’ rights to freedom of speech and freedom of association.
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