Privacy and the right to (dis)connect

Collins, HughORCID logo (2025) Privacy and the right to (dis)connect Comparative Labor Law and Policy Journal. ISSN 1095-6654 (In press)
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The rise of remote work and modern communications technology has blurred the boundaries between work and personal life, leaving many workers perpetually on call with little time for rest or personal activities. In response, some jurisdictions have adopted a “right to disconnect,” often framed as a ban on work communications during certain hours. However, such proposals are flawed: they are unnecessary, as workers already possess the legal right to ignore work communications outside contractual hours, and impractical, as many feel pressured to remain connected due to workplace norms and career concerns. This article argues for a reconceptualisation of the “right to disconnect” as a right to decide when to respond to work communications. Grounded in the principle of personal autonomy, this new approach shifts the focus from rigid bans to empowering workers to control their response times, aligning with protections for health and safety, the prohibition of unremunerated work, and the right to respect for private life.

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