Beyond Procedural Protection: Information Technology, Privacy and the Workplace

There has been an unproductive artificiality in the current understanding of information technology in employment law which focuses more on procedural hurdles than deliberating upon the substance of the rights in question. This procedural approach has increasingly shown signs of obsolescence as contemporary innovations in information technology contest the more traditional boundaries relied upon in law. This article uses the decision in Barbulescu v Romania as a tool for uncovering the legal considerations regarding the intermingling of information technology, the workplace and employees' private lives.