Duty of Care vs. Right to Privacy

Globalisation is no longer a novel concept, and the global trends affecting the world economy are having a significant impact on how businesses organise and manage their workforce. The rapid growth evident in emerging markets — coupled with the world’s increased interconnectedness through banking, telecommunications, and trade — both encourages and enables corporations to establish a greater international presence.

With these worldwide ambitions comes a greater demand for a globalised workforce which can be reflected through both short-term temporary postings and long-term assignments in another country. The commercial benefits of such postings are easily recognisable — but such advantages may be tempered by the unpredictable security threats which exist in certain environments. Thus, risk management ‘best practices’ often recommend the use of tracking technology for employees posted abroad. 

Tracking devices are widely available, adaptable to a variety of markets, and are increasingly being employed in a broad range of environments, across a greater cross-section of employees. However, their use raises a host of legal questions that can impact an organisation’s operations. Two prominent trackingrelated concerns which can confound modern-day executives and lawyers alike are the notions of ‘duty of care’ and the ‘right to privacy’. Navigating the space where these two concepts overlap is a thoroughly vexing feature of the contemporary workplace.  This White Paper explores some of the challenges associated with reconciling these occasionally conflicting legal principles, especially as manifested in the ‘digital age’.