This article critiques the failure of current privacy frameworks to protect workers—especially teleworkers—from the growing encroachment of employer surveillance into their homes. It argues that prevailing privacy regimes, including notice-and-choice models and the GDPR, inadequately address the systemic power asymmetries in the employment relationship, often enabling rather than restricting invasive monitoring. Drawing from labor law traditions, the authors propose a rights-centered framework that views time and space as essential for human dignity and autonomy. They call for a non-negotiable floor of protections, including surveillance-free periods, bans on data commodification, and the establishment of an enforcement inspectorate. By reframing privacy not as a transactional good but as a fundamental labor right, the article advocates for pragmatic legal reforms that counteract the exploitation of home-based workers in a data-driven economy.
History
Preferred citation
Fairfield, J. & Reilly, A. (2025). Home the Final Frontier:Why Privacy means Protecting Workers' Rights to Time and Space. Belmont Law Review, 12(2), 445-499.