Topic: Digital Boundaries: Employees’ Right to Privacy and Freedom of Expression in the Digital Sphere

In the digital era, the intersection of employees’ rights to privacy and freedom of expression with employers’ interests in monitoring and managing employees’ online behavior poses unique challenges and legal implications, especially regarding workplace relationships and potential termination of employment. Questions arise about the extent to which employers can monitor or follow employees’ online activities without infringing on personal privacy rights. What legal boundaries exist to prevent employers from spying on employees through social media or other digital platforms? Furthermore, the issue of freedom of expression becomes pertinent when considering how employees’ statements made in digital spaces can impact their employment status. Similarly, also the employers’ freedom of expression raises questions, especially when their statements could influence workplace dynamics or public perception of the workplace. Under what circumstances can statements by employees (and employers) in the digital space be grounds for disciplinary action, termination and/or other sanctions, and what protections are available to them under the principle of freedom of expression? How can the competing interests of employers and/or shareholders be balanced with respect for privacy and the principles of freedom of expression of citizens in democratic societies?

Relevant guiding questions:

• Right to Privacy: What legal frameworks are in place across different jurisdictions to limit employer surveillance on social media and other digital platforms? How do these laws balance the protection the interests of the workplace with the safeguarding of employee’s right to privacy?
• Freedom of Expression: In what ways can an employee’s digital expressions affect their employment status? Under which legal contexts are such expressions considered justifiable grounds for disciplinary action or dismissal? How is an employer’s freedom of expression evaluated when their statements on digital platforms could potentially affect workplace dynamics or the company’s public image? What legal protections or limitations are placed on employers to ensure that their communications do not violate employee rights? How do courts balance the rights and interests of employers, including business and shareholder interests, with the rights to privacy and expression of employees? What precedents or legal principles guide these decisions?
• Technological Advancements and Legal Adaptations: With the rapid advancement of technology, such as AI and machine learning in workplace monitoring, what legal challenges arise, and how have different jurisdictions adapted their legal frameworks to address these challenges?
• The Role of Trade Unions: What role do trade unions play in protecting the digital rights of workers such as privacy? How effective are these bodies in promoting changes in corporate policy or legislation? Is it possible to regulate violation of privacy and/or freedom of expression within the framework of a collective agreement?
• Comparative International Perspectives: How do different legal systems address these issues? What can be learned from the variations in legal approaches to digital privacy and freedom of expression within the workplace across various jurisdictions? How does international legislation and/or treaties affect national policy on employee privacy and freedom of expression online (e.g. the GDPR)? How do different cultural norms regarding privacy and the right to free speech affect how lawmakers, courts, and multinational corporations approach these issues? What major rulings and legal precedents exist that shaped the current understandings and practices in regards to balancing the interests of employers and employees in regards to privacy in the online space and the right to freedom of expression?

The program offers Fellows the opportunity to conduct research and exchange with peers from within an international setting. As part of the program, fellows are required to compose a discussion paper in their area of expertise.

To apply, please send your CV (up to 2 pages), a cover letter, a writing sample, and a short research proposal (2-3 pages) outlining how you would like to address the issue area of the program to office.israel@ippi.org.il

All documents should be submitted in English.

Application deadline: July 9th, 2024, early applications are encouraged.

Shortlisted candidates will be contacted for an interview.

Fill up the form to start your application process