The workplace of the future? Liability issues and risk management

Abstract

The nature and impact of Information and Communication Technologies (ICTs) involve major challenges for the management of liability issues in the workplace of the future. Risk management of these liability issues also needs to take account of other emerging trends in the workplace. The benefit of general regulatory regimes has been that they can be readily applied to novel situations to protect consumers and the community. When the public interest has required it, specific legislation has the capacity directly to address unsuitable business practices involving the use of ICTs and to provide appropriate consumer protection. Consistent with international objectives, a central element of the regulation of the future workplace environment will be the protection of individual human rights, particularly the right to privacy. The application of human rights concepts at a domestic level raises particular challenges in relation to the regulation of ICTs. Effective risk management in the future will require a consideration of data protection and document retention issues and the implementation of suitable training, compliance programmes and protocols.