...Week Five – Employee Privacy Act Report Jessica Jackson COM/285 Timothy Smith June 20, 2012 Employee Privacy Report In this report I will be discussing the current privacy policies at Abacus Technology Corporation. I will be going over the policies that Abacus Technology has in place regarding e-mail use and internet use. As well as reviewing the current laws that the State of Maryland has regarding employee e-mail and internet privacy. I will also be discussing why companies implement e-mail and internet use policies. Lastly, I will be covering what assumptions employees might make about their privacy at work and how the policies that are in place can affect an employee’s privacy at work. At Abacus Technology electronic communication such as e-mail and internet use is encouraged, however, electronic communications are considered company property and their purpose is only to be used for company business. The policy on electronic communication relates to all electronic media and services, which are accessed using company computer equipment, while on company premises, or by company-paid access methods, and used in a manner which identifies the individual with the company. Employees are not supposed to use electronic communications for excessive personal use, soliciting non-company business, and conducting activities that are illegal or contrary to the firm’s best interest. Individuals are also asked not to access criminal websites or transmit...
Words: 1107 - Pages: 5
...Rashad Watkins Bus 352 Stratford University 11/1/11 How much privacy can your employees expect at work? Today, it's possible for companies to monitor every aspect of what employees do in the office, from email and surfing the Internet to phone conversations. But when are you crossing the line? There are specific laws, rules, and regulations granting certain employee privacy rights. For example, there are laws that create a right to privacy for employee personnel records, medical information, and background screenings. But what about cases in which no specific law creates a right to privacy? Does one exist anyway? The answer is maybe. If no law or regulation exists, whether there is a right to privacy is determined by referring to the "reasonable expectation of privacy." If, under the circumstances, it was reasonable for the employee to expect certain conduct or communications would be considered private, then the courts might deem that a right of privacy existed. Suppose an employer searches an employee's office or cubicle, working files, or locker. Was it reasonable for the employee to believe that his or her office or cubicle is a private area that the employer cannot search without permission? What if the employer's Employee Handbook states: "The Company reserves the right to access and search all offices and work areas on company property, including but not limited to locked and unlocked desks, file cabinets, files...
Words: 714 - Pages: 3
...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...
Words: 2090 - Pages: 9
...Employees: Explain where an employee can reasonably expect to have privacy in the workplace. In the workplace, it is important that employees remain fully aware of the limitations employers place on privacy. According to the text, Halbert and Ingulli (pg. 73) suggests that 92% of employers were using electronic surveillances by 2003 in order to monitor their employees. These types of surveillances include the monitoring of phones, computers, electronic mail and voicemail, and video. Phone monitoring can be appropriate for work environments such as call centers. This type of surveillance can be used for quality control or to assist with appropriate performance coaching of employees in order to meet or exceed the goals of their position. If the employee’s job is not closely related to answering phone calls on a daily basis, this form of monitoring may be viewed as inappropriate and invasive to the privacy of the individual. Computer monitoring is also a popular form of electronic surveillance which allows employers to view the ways in which a computer is being used during working hours. Monitoring an employee’s computer use can aid in gathering pertinent information such as their internet usage, number of key stokes or their amount of idle time on any given day. This would be suitable for positions that require an immense amount of typing or a position that heavily relies upon efficiency. If the use of monitoring is not meant to assist the employee with improving their efficiency...
Words: 1010 - Pages: 5
...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...
Words: 898 - Pages: 4
...Privacy Policies and Laws Debate XCOM/285 Essentials of Managerial Communication When thinking about privacy laws and policies, it is safe to clearly state that I am for them. Many people feel that some employers go over board when it comes to this kind of thing but in this age of technology, having privacy polices is not only right it is essential to maintain the respect of the people who work for and with people. There is much evidence that even with privacy policies in place the some employees still use company communications for personal use. There is no clearer evidence of this than that fact the government had to pass laws of privacy laws to protect companies that felt they needed to watch their employee’s use of their communications for any personal use of company communications. These laws were passed so angry employees who were caught using company communications for private things could not go back and sue companies for invasion of their privacy. The ironic part of employees getting upset over what they perceive as an invasion of their privacy is the fact most companies make employees sign privacy agreement policies and then get angry when they get caught breaking them. Privacy policies are not just to protect employers from employees using their communications for private business, but privacy policies are needed to protect companies from viruses that can come in through private emails or...
Words: 933 - Pages: 4
...It’s Personal! A Look At Privacy In The 21st Century There is no doubt that there is a lack of privacy in the 21st century, but is it our choice? How much is under the control of our own actions and how much is implemented by the government? Surely there is good that comes from having an “invisible” eye watching and recording certain daily actions, but are we more susceptible to threats because some of our privacy is literally stripped from us? I never got a choice if I wanted google earth to take a picture of my house to display to the world, or my name and family history to be available to anyone that googled it. Criminals are off the street because of cameras, terrorists are being tracked by computer, and it sure is nice to find old friends by looking online. The 21st century has introduced us to new technology that makes our lives a little easier however, privacy seems to diminish with every click of a mouse. Perhaps we can argue that the use of advanced technology is threatening our fourth amendment rights. Privacy is a concept that has been interpreted in many different ways. “In the United States, the concept of privacy has evolved since it was first articulated by Justice Brandeis in 1898. His definition of privacy-"The right to be let alone" (as cited by Berman & Bruening, 2001, Para 6)- has been influential for nearly a century (Berman & Bruening, 2001). This definition seems to give a good definition of what we would like privacy to be. For centuries...
Words: 2355 - Pages: 10
...CONTEMPORARY BUSINESS ISSUES – PRIVACY IN THE WORKPLACE How Privacy Issues Affect Businesses How Privacy Issues Affect Businesses The existing economic and business setting implies on-going efforts towards better understanding and dealing with the challenges of the modern era, which are characterized by the crucial need for making changes due to intense competition and ongoing global crisis’. As a rule, privacy rights are established by explicit regulations, laws or rules. Some privacy rights are relevant in the workplace and some don't. And even if there is no particular law, a right to privacy can be based on the legal common law notion of having a "reasonable expectation of privacy”, (Lippke, 1998). For employers and employees in the business industry, privacy concerns have become progressively more widespread in the workplace, and with the increased use of electronic resources, privacy at work is even more compound. Consequently, it is imperative that both supervisors and managers have a fundamental understanding of some of the more common privacy rights and issues that can arise, as well as the restrictions that may apply. Some of the more prevalent privacy issues that employees face are drug testing, email monitoring, personnel records, social security numbers, monitoring and eavesdropping, back-ground screening, and medical records. Because of these issues, there are quite a few areas of human capital management in which privacy rights are recognized. Whether...
Words: 2173 - Pages: 9
...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 or the need of the government (as employer)...
Words: 1774 - Pages: 8
...1. Explain where an employee can reasonably expect to have privacy in the work place. Aside from the more measurable costs, employees emphasize their need to preserve at work what they expect to maintain elsewhere, a sense of dignity and self-respect. Within the workplace typical employees would expect to have minimal. Privacy in this aspect gives individuals, from factory workers to presidents a chance to lay their masks aside. The more employees share space, cubicles and networked computers, the harder it is to maintain personal privacy. Necessary boundaries of mental distance in interpersonal situations should be initialized raging from the most intimate to the most formal and public. Some companies legitimately monitor you for business reasons, not simply to snoop through your life. According to The American Management Association there are five justifiable reasons that your employer can monitor you at work. To make sure that you are legally complying with their standards. For instance, if you are a telemarketer, your employer may record your transactions and store the information to keep adequate and accurate files should they require documentation or evidence in the future. While 90 percent of companies who admit to spying on their employees admit that their workers are aware of it, others may not provide the same courtesy to their employees. In fact, employees may feel that any type of monitoring is a violation of your privacy. Some businesses go so far as to utilize...
Words: 1541 - Pages: 7
...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....
Words: 1941 - Pages: 8
...it matters that a parent literally had nothing to do with a biological child in order for the child to take advantage of the Family and Medical Leave Act (FMLA) to care for that parent. The employees can reasonably expect privacy in the workplace in places like restrooms, parking lots, lounges and in the kitchen area. But generally speaking it is really difficult these days to have complete privacy. 2- Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under the FMLA. It makes a difference if employee is in an open area or in an enclosed office and courts have so held. See, for example, United States v. Lefkowitz, 464 F.Supp. 227 (C.D.Cal. 1979), aff'd, 618 F.2d 1313 (9th Cir. 1980) “Outside his or her own workspace, a corporate officer or employee has a reasonable expectation of privacy to challenge a search if he or she has a "possessory or proprietary interest" in the area searched and there is a connection between this area and his or her own workspace”. Both open area work spaces and enclosed private offices have their own benefits. Open space allows for better communication and exchange for information among co-workers. It is much easier to ask each other questions in an open environment. While on the other hand 90 percent of the participants reported that privacy is the number one benefit of a closed space environment. Employees feel more secure and reduced noise (O’Neill, 2008). After the introduction of panel-based...
Words: 986 - Pages: 4
...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 the employee’s private, confidential employee folder in the Human Resources Department, generally in a locked cabinet or other secured...
Words: 1221 - Pages: 5
...association. Now, how does our privacy has gotten affected by all these technological developments, what precedents had been establish when it comes to the use of technology in the workplace and privacy? Are we liable for the use of personal e-mails in the workplace? Should e-mail be considered analogous to mail and telephone conversations? Many more questions come up when technology and privacy in the workplace are at the center of the debate and some of them will be address in this paper. Intrusion by Seclusion means that the right to privacy is invaded by the unreasonable intrusion upon the seclusion of another. This is based on the Restatement, Second of Torts 652A. According to Rich (1995): “One must ask whether the law protecting the right to privacy has evolved with the new technologies to ensure the vitality of the Fourth Amendment.” It is important to notice that the Supreme Court has defined privacy as the right of the individual to control the dissemination of information about oneself (Rich, 1995, p. 1). Rich (1995) continues to explain: Privacy as guaranteed by the U.S. Cosntitution differs in two significant ways from privacy protected by tort law: (1) the types of acts constituting an invasion of privacy are very different, and (2) the type of protection provided to individuals – constitutional privacy protects against governmental intrusion while tort law primarily protects against invasion by private parties. Fourth Amendment privacy right only apply in those...
Words: 471 - Pages: 2
...Ethics, and Corporate 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...
Words: 1092 - Pages: 5
