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Chapter

Cover Information Technology Law

8. Transborder data flows  

The Internet has created a global network whereby data may be processed and transferred on a global basis. The practice of transborder data flows creates significant challenges for national laws and their enforcement and the desire to exert a degree of control over these has formed a significant component within data protection laws. The European Union has applied the basic rule that transfers will automatically be permitted only to countries that provide an “adequate” level of protection. Determination what is adequate is a complex task and a variety of other rules may also apply, especially those concerning data flows to or from the United States which applies a different model of protection to that pertaining in Europe.

Chapter

Cover Employment Law

22. Privacy and confidentiality  

This chapter discusses the law on privacy and confidentiality in the workplace. It looks at the four statutes which relate directly to issues of workplace confidentiality: the GDPR/Data Protection Act 2018, the Public Interest Disclosure Act 1998 (which deals with whistleblowing), the Regulation of Investigatory Powers Act 2000, and the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000. It also considers two other areas of law which are influences in this area: the law on job references and the law on restricting the activities of former employees. Also discussed is the impact of the Human Rights Act in this area.