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Employee Relations Law Journal
Volume 4, Issue 1 : 34-42
Research Article
Employee rights to privacy and access to personnel records: a new look.
Abstract
Do employees really enjoy a so-called right to privacy in their employment relationship? To what extent are their rights violated by the pre-employment screening process? These are the questions discussed in this article by David F. Linowes, Boeschenstein Professor of Political Economy and Public Policy and Science at the University of Illinois and recently chairman of the Privacy Protection Study Commission. Citing the availability of data to a prospective employer through credit card companies, banks, insurance companies, mailing lists, health records, and investigative reporting agencies, Professor Linowes makes the point that little is left unknoun when the investigative process is completed. There is no clear line separating what is relevant and what is privileged. The Study Commission's report to Congress suggests guidelines that would insure fairness to all parties.
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