Discuss the origin of Employee Privacy Rights
The idea of employee privacy rights originated in America. Louis Brandeis and Samuel D.Warren, in 1890, published an article in the Harvard law review called "The Right to Privacy". In this article they argued that the Constitutional and common law implied general "right to privacy". In spite of their efforts, the article was never really accepted and, hence, it was not entirely successful. It took a few decades for this policy to take shape. It was the then renowned tort scholar Dean Prosser who postulated after a few decades that the "privacy" umbrella covered four separate torts, the only unifying element of which is "the right to be left alone".
The four elements of common-law privacy are:
• Appropriating the plaintiff's identity for the defendant's benefit
• Placing the plaintiff in a false light in the public eye
• Publicly disclosing private facts about the plaintiff
• Unreasonably intruding upon the seclusion or solitude of the plaintiff
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