...Governance July 17, 2011 1. Explain where an employee can reasonably expect to have privacy in the workplace. Employees are becoming increasingly concerned about their privacy as their employers are monitoring them electronically more than ever . The best way to ensure the privacy of personal calls made at work is to use your own mobile phone or a local pay phone. Employers are very interested in the loyalty, productivity, and privacy of the employees. Employers usually include privacy policies in the employee handbook that outlines company guidelines when referring to emails and electronic surveillance. The only place an employee can actually expect to have privacy at work is in the restroom. However, this is only to a certain degree since people come in and out of bathrooms on a regular basis. The only laws that govern privacy are outlined in the First, Fourth, Fifth, and Ninth Amendments. These amendments can’t be violated by any government sector. However, these amendments don’t cover the private sector of businesses. Privacy laws in the private sector are dictated by state and federal statutes along with the common law of torts. The tort of intrusion regarding seclusion is used by employees to address an employer’s invasion of privacy by electronic monitoring. The Restatement of Torts 652A (1977) specifically states; “One who intentionally intrudes, physically...
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...Electronic Surveillance of Employees Brent Schenkel Roy Basile, J.D LEG 500 October 23, 2011 Explain where an employee can reasonably expect to have privacy in the workplace. Obviously, employee privacy should not be an issue when it comes to a restroom or a locker room facility. This would invade personal privacy and has been upheld by numerous cases in a court of law. But any other parts of the grounds of the company are considered public areas and can have surveillance monitoring. Any areas where business can occur are fair game to monitor by either camera or microphone. Courts have upheld that parking lots and break rooms on the premises are still under the jurisdiction of the company. In the office workplace there are typically two types of workspaces, an open area, in which there are several desks and where conversations can be overhead, or an enclosed office, in which—when the door is closed—conversations cannot be heard and where one would expect virtually total privacy. Explain whether it makes a difference if an employee is in an open area or in an enclosed office. It should not make a difference of the location of the employee. Any action, conversation, or document inside the walls of a company is not private but public information. The employer has a right to search offices, work areas, desks, filing cabinets, lockers and office documents without the employee's permission. However, the employer should do in a lawful and non-threatening manner...
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...Assignment # 1- Electronic Surveillance of Employees Ww gg Law, Ethics, and Corporate Governance Professor Lynette Collins April 19, 2011 Electronic Surveillance of Employees 1. Explain where an employee can reasonably expect to have privacy in the workplace. Privacy has become extremely important part of American culture. Lately, work place privacy has brought unwanted and costly litigations. To protect the company from those kinds of litigations, organizations are monitoring employee communications carefully. Although according to courts the private organizations have rights to monitor employee communications. In order to this `` Employee surveillance and email monitoring in the workplace present a number of sometimes conflicting issues regarding an employer’s need to protect its property and itself against liability and an employee’s right to privacy``(Adams, Scheuing & Feeley, 2000). Martin and Freeman (2003) also examined key arguments for and against employee monitoring, productivity, security, liability, privacy, and creativity. Privacy may be invaded in four ways. The first is unreasonable intrusion upon a person’s seclusion. Appropriation occurs when the use of a person’s name or likeness is used for economic benefit. Third is public disclosure of private facts. Finally, false light Most cases concerning invasion of privacy by employers involve intrusion upon seclusion’s is publicly characterizing or placing a person in a false light (Chieh and...
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...Assignment #1- Electronic Surveillance of Employees Tiffany Robinson Dr. Barr Law, Ethics, and Corporate Governance January 24, 2010 1. Explain where an employee can reasonably expect to have privacy in the workplace. Employees can reasonable expect to have privacy in the workplace when it comes to telephone calls, voicemail, e-mail, text messaging on employer provided cell phone, and their company assigned computer. For example, employers may monitor calls with clients or customers for reasons of quality control purposes; however, under federal case law, when an employer realizes the call is personal, he or she must immediately stop monitoring the call. (Watkins v. L.M. Berry & Co., 704 F.2d 577, 583 (11th Cir. 1983). Employees are given some protection from computer and other forms of electronic monitoring under certain circumstances. Union contracts, for example, may limit the employer's right to monitor. Also, public sector employees may have some minimal rights under the United States Constitution, in particular the Fourth Amendment which safeguards against unreasonable search and seizure (www.privacyrights.org). In cases where there is no specific statute or code that creates a right to privacy, privacy is determined by the “reasonable expectation of privacy”. This is a concept which basically asks if, in the particular circumstances, it was reasonable to expect that certain conduct or communications would be considered private. Determining whether there...
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...Explain where an employee can reasonable expect to have privacy in the workplace. Some would say that workplace privacy rights are nonexistent in the private sector (Employee Issues, 2011). However, in order to be comfortable and successful in the workforce we as individuals need a certain amount of privacy. At the same token, employers have a desire to know certain information about not only the employee as an individual, but as a function of the corporation. Employers have a need to monitor things such as how productive and loyal the individual is to the corporation (Halbert & Ingulli, 2010). In today’s highly technical society, the ability to monitor employees at work has increased significantly. As a result, the need to determine what constitutes appropriate monitoring is discussed regularly. While heavily debated, there are situations in which an employee can expect to be protected from violating ones privacy in the workplace. Courts take into consideration two main factors. First, the obnoxiousness of the means used to intrude. If an organization uses unusual methods of gaining private information about an employee, this could be considered a violation of privacy. There is no expectation of privacy when it comes to corporate email communication, because is considered a usual to monitor corporate email. Secondly, there has to be a reasonable reason for intruding. To monitor the after hour activities of an employee who has filed a worker’s compensation claim,...
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...1: ELECTRONIC SURVEILLANCE OF EMPLOYEES DATE: APRIL 18, 2011 Explain where an employee can reasonably expect to have privacy in the workplace. In accordance with the U.S. Constitution, the right to privacy for employees was granted under the First, Fourth, Fifth, Ninth, and the Fourteenth Amendment. Specifically, the Fourth Amendment guarantees the right of the people to be secure in their persons, hours, papers and effects, against unreasonable searches and seizures of a person or his or her belongings, without first showing probable cause, strong suspicions that a crime was committed, and obtaining an explicit warrant granting permission to conduct a search or seizure. (www.EmployeeIssues.com). It also provides protection for the “reasonable expectations of privacy” of both individual and corporate citizens against unwarranted and unreasonable government searches or seizures. Specific labor laws, regulations and certain rules are automatically granted to employees. Employers have the responsibility to protects privacy interest by avoiding the disclosure of personal matters. The laws that provide/create the right to privacy in employee personnel records, the use and maintenance of employee social security number, employee medical information, and background screenings. Government employees’ rights to privacy are limited and will be evaluated in accordance with a balancing test in which a Judge must decide which counts ore weightily, and employee’s privacy interest...
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...Electronic Surveillance of Employees Assignment # 1 By Diara Freeman Law Ethics and Corporate Governance Professor Michael Green April 23, 2011 Electronic Surveillance of Employees Explain where an employee can reasonably expect to have privacy in the workplace. The issue of privacy is a big concern in the workplace. With the expanding of new technology, many employees are concerned that their privacy rights are not being protected. Employers want to be sure their employees are doing a good job, but employees don't want their every sneeze or trip to the water cooler logged. That's the essential conflict of workplace monitoring. New technologies make it possible for employers to monitor many aspects of their employees' jobs, especially on telephones, computer terminals, through electronic and voice mail, and when employees are using the Internet. Such monitoring is virtually unregulated. Therefore, unless company policy specifically states otherwise (and even this is not assured), your employer may listen, watch and read most of your workplace communications. (Harlow, 1999) When an employee is hired at a new company, there are several security measures that are already in place in order to keep their personal information private and/or confidential. The first being in the Human Resources Department where all the information is gathered by the employee filling out various forms of that are confidential in nature. This information is kept in...
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...Electronic Surveillance of Employees Mitchell D. Upchurch Anthony Robinson Law, Ethics, and Corporate Governance- LEG 500 January 17, 2011 Privacy in the Workplace Explain where an employee can reasonably expect to have privacy in the workplace. Privacy in the workplace can reasonably be expected in three general areas as it relates to the employer, co-workers, clients and customers. When an employee is hired at a new company, there are several security measures that are already in place in order to keep their personal information private and/or confidential. The first being in the Human Resources Department where all the information is gathered by the employee filling out various forms of that are confidential in nature. This information is kept in the employee’s private, confidential employee folder in the Human Resources Department, generally in a locked cabinet or other secured areas. This ensures that no one other than the Human Resources Department can get access to the information other in the file. At times, special permission is granted for a manager to review the file for a specific reason, along with the Human Resources representative. The second place where an employee can reasonably expect to have privacy is in the computer mainframe where all the pertinent records (such as social security number, address, date of birth, banking information, etc.) are stored. This is used primarily for an employee’s timekeeper administration and government...
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...Explain where an employee can reasonably expect to have privacy in the workplace. Is there truly such a thing as privacy in the workplace? In today’s society it is possible for companies to monitor every aspect of what employees do in the office environment, from email, surfing the Internet to phone conversations. Federal and state laws specifically address an employer's right and ability to monitor, save, record, access, or otherwise conduct surveillance of employees' use of company electronic communication resources and systems. Generally speaking, if an employer complies with the notice and consent requirements under these laws, and writes and distributes policies consistent with the laws, it will be difficult for employees to show a reasonable expectation of privacy in using company-owned electronic communication systems. But there are specific laws, rules, and regulations which grant certain employee privacy rights within the workplace. These laws govern Personnel records, social security numbers, monitoring and eavesdropping, medical records, drug testing, and background screening. Employees generally have a right to privacy in their personnel records, with exception of a few specific circumstances. This means that employers are generally not permitted to disclose personnel records of an employee to third parties without a legal obligation to do so or written consent from the employee's. The right can be found in state statutes, codes, or by judicial case law....
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...frequently visits his private home, Lila Walker? This information only touches the surface of what the government has access to (ACLU). Every single day, people’s privacy is invaded. People unknowingly give up part of their privacy in order...
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...Employee Privacy Rights in the Workplace Employee Privacy Rights in the Workplace Employees must have the right to phone security, application confidentiality, the right to no sexual harassment, and the right to not have any personal questions asked that do not pertain to work. Employee privacy laws are limited, which makes it easy for employers to invade the privacy of its employees. Some things are personal and should remain that way. In today’s working environment, employers need to reevaluate their techniques, approach this ongoing situation, and find alternative solutions to this problem. There are limits to everything in life, and there needs to be limits set on employee privacy laws. Employee privacy laws are limited; they are not set up to protect employees. Someone needs to do something to protect employee privacy. Many Americans accuse their employers of violating their privacy. Employers are becoming more vicious on how they screen new candidates as well as their current employees. Normally employers will conduct background checks, random drug testing, and maybe even a credit check. The question that needs addressing here is “How much are we willing to give up satisfying our employers”? Employees need to become more aware of this situation. Employers have the upper hand in this situation. Everyday they find a new way to invade their employees’ privacy. In today’s world of ever-changing technology, the court and legislature systems...
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...Ethics in the Government and Public Sector in Electronic Surveillance “Can you hear me now, Yes I can even see you” Embry-Riddle Aeronautical University Abstract In todays society the number of computers, tablets, mobile devices will rise to about 65 billion devices connecting to the internet. That not counting vehicles, household applicances, gaming devices. However, with all of these deveices there is a significant benfit that will make our lives easier and one potential theat that invades our privacy called Geolocational Privacy and Surveillance (GPS). This sometimes hidden or masked feature is colleting our personal information, location and sometimes converstation. Laws have have enmpowered government and companies to collect databases of consumers without our consent. With ongoing technology where does the protection beging and the surveillance stop. Ethics in the Government and Public Sector in Electronic Surveillance In the movie Enemy of the State the lawyer played by Will Smith becomes a target by a corrupt politican who kills a congressman for his unwillingness to help with a new surveillance system with satellites. The politican with the help of National Security Aministration agents to destroy the lawyers life by manipulation thru the internet and surveillance. This movie was produced in 1998 and then the technological devices we have now were not that advanced. Little did we know that would become the norm of everyday life of those who possess...
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...Electronic Surveillance of Employees Legal 500 10/20/2011 1. Explain where an employee can reasonably expect to have privacy in the workplace. The increased use of technology in the workplace has generated new fears for both employers and employees in the privacy region. These days most employees have access to email, and internet access in the workplace, as opposed to a decade ago, has also exploded. According to an IDC Corporation study, two-thirds of employees in medium and large companies in the United States had Internet access in 1997. Today, those numbers are exponentially higher (Gindin, 1997). While this technology can be praised for the ways in which it has helped industry and general public, it also raises concerns about employee’s privacy in the workplace that before did not exist. Employers did not have technological access to both work-related and personal information about their employees, but now employers have full technological access to the employee’s information while he is at work. Question is why employers would need the personal information of their workers, what they do with the information and why employees should be worried, how employers can protect themselves from privacy suits, what the legal position of such privacy concern is and lastly, what employees should be doing to safeguard their privacy while at work. The employees can reasonably expect privacy in the workplace in places like restrooms, parking lots, lounges and in the kitchen area...
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...Benjamin Marchman English 122 Cathryn Lawson The Value of Online Privacy Since the September 11th terrorist attacks the United Sates and the world at large has officially entered into an age of counter-terrorism. While the more obvious aspects of this effort against violent extremism, which violate human and constitutional rights, such as drone strikes, waterboarding, and black prison sites, are specifically targeted toward a specific population, it is the subtler aspects of mass surveillance and corporate and governmental intrusion of privacy which present an overwhelming threat to human rights and quality of life. As has been made clear by recent revelations of the scope and depth of these intrusions, internet users specifically have many reasons to suspect that private information entered online is vulnerable to un-ethical intrusions by third parties. However, many groups and individuals have come together to bring resolution to the issue of personal privacy and national security. According to article 12 of the Universal Declaration of Human Rights, no one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, or to attacks upon his honor and reputation (Lachmayer 749). However, the more subtle aspects of the new counter-terrorism age include a heightened amount of internet surveillance, video surveillance of public spaces, electronic eavesdropping, and data retention. Additionally governments have access to bank accounts,...
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...Thesis Statement With the recent school shootings happening and evidence of the perpetrators posting comments online thru social media, the government should be focusing on applying laws requiring companies to use artificial intelligence agents to help identify persons of interest and allow local law enforcement, along with the companies, to monitor these agents. Annotated Bibliography Dulek, R., Motes, W., & Hilton, C. (1997), Executive Perceptions of Superior and Subordinate Information Control: Practice versus Ethics. Journal of Business Ethics Vol. 16, pgs.1175-1184 This entry examines the ethical practices of leaders in a business and their employees involving information control within a business. Specifically it examines whether these executives know if control is being performed and if they deem it ethical. The statement “…executives are generally drawn to those command activities they deem to be "proper and right." but shy away from those that are iniquitous.” R. Dulek has authored six books and publishes more than forty journal articles. He is currently...
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