Privacy and the Right to (Dis)connect

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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Publication Details

Journal
Comparative Labor Law & Policy Journal
Published
2025-11-26
DOI
https://doi.org/10.60082/2819-2567.1064
Primary Topic
Digital Economy and Work Transformation
Type
article
Field-Weighted Citation Impact
0.00
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article

Privacy and the Right to (Dis)connect

Hugh Collins
Comparative Labor Law & Policy Journal
Digital Economy and Work Transformation
article

Privacy and the Right to (Dis)connect

Hugh Collins
article en

Abstract

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.

Comparative Labor Law & Policy JournalVol. 45(3)
Openalex Percentile: Top 54%
Digital Economy and Work Transformation
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