The Cyber-Workplace – Identifying Liability Issues in the Information Age and Managing E-Risk

Nigel Wilson
Barrister
Bar Chambers
34 Carrington Street
Adelaide South Australia 5000
Australia
nigel.wilson@barchambers.com.au
 

ABSTRACT

The information age provides numerous opportunities for modern society but also presents significant challenges in identifying liability issues and in managing risk. Technological change has occurred rapidly and is continuing at the same time as other major trends and changes are taking place in society and, in particular, in the workplace. The prospect of global liability and the complexity of jurisdictional differences present a considerable hurdle to the uniform regulation of liability issues. General legislation and legal principles have been readily applied to the cyber-world and to modern business practices and the workplace. Where necessary, legislatures have introduced specific legislation to regulate unfair or inappropriate business and workplace practices which involve the use of technology in an unsuitable manner. Consistent with international objectives, a central element of the regulation of e-commerce and the cyber-space economy will be the protection of individual human rights, particularly the right to privacy. Human rights concepts raise special challenges in relation to the regulation of the modern, technology-intensive economy and workplace. Appropriate data protection and document retention policies will be a critical component of effective risk management and compliance programs in the information age.