...INTRODUCTION Controversy surrounding workplace monitoring and surveillance has intensified with the rapid digitization of the workplace. The ways in which we work, communicate and share information have forever changed. Employers are playing constant “catch up” with new technologies that are utilized on a broad scale long before policies are created to manage their impacts. Privacy issues often arise in connection with employer efforts to locate, hire and evaluate the most qualified and reliable employees. Improvements in technology, such as the rapid rise of the use of electronic mail and the increasing use of surveillance cameras, often force otherwise reluctant employers to readdress the balance between employees' privacy concerns and perceived business needs. In fact, nearly 67% of all companies currently use some type of surveillance in the workplace. According to a recent poll, “. . . over 66% percent of those surveyed had used the Internet from work in the past 24 hours.” (M.Lee Smith Publishers, Hospitality Workforce Trends, January 2000) In addition, when issues in his or her personal life impact an employee’s work, the employer must make judgments as to the appropriate level of involvement. Lastly, as traffic on the “information superhighway” continues to explode a number of substantive questions about the use and abuse of these information networks arises. What are the ramifications for employees’ right to privacy in the workplace? Does an employer have the right...
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...Employee Privacy Rights in the Workplace Vicki Puckett COM 120 Allyson Wells October 8, 2006 Do you think that your employee rights entitle you to workplace privacy? Well, think again. The fact is that most employers monitor their employee in one way or another. In the workplace, many employers are violating the privacy rights of their employees by surveillance, genetic testing, and sexual orientation. According to some workplace privacy studies, there is a good chance that your employer is monitoring your internet activities, including the Web pages you read, and messages you read and post in forums, blogs, and chat rooms. Your employer could also be spying on you in several other ways as well. Some may include recording your phone conversations, videotaping your every move within the company, and tracking your location with the company cell phone. Such monitoring is almost entirely unregulated. Therefore, unless company policy specifically states otherwise, your employer may listen, watch and record most of your workplace communications. The rapid growth of workplace monitoring and surveillance technology has far out paced the development of laws that protect worker privacy interests. Modern technology has provided employers with more advanced and effective means of monitoring their employees. As a result, electronic monitoring of employees in the workplace has become far more prevalent in recent years...
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...common practice in some workplaces. This procedure can be accomplished through e-mail, telephone, camera, internet and other electronic surveillance monitoring systems. This procedure was designed to be used solely for business purposes. In many instances employees have been made to feel as if their privacy has been invaded. Upon implementing such practices employers and employees both have a need to be knowledgable of any policies permitting the use of monitoring devices and to know their rights. Research The Electronic Communications Privacy Act of 1986 (ECPA) is the only federal statute that offers workers protections in communications privacy. ECPA prohibits the intentional interception of electronic communications. However, the ECPA contains loopholes that facilitate employee monitoring. First, employers are permitted to monitor networks for business purposes. This enables employers to listen in on employee phone calls or to view employees' e-mail. Employers may not monitor purely personal calls, however, in order to determine that a call is personal, employers usually have to listen to portions of the employee's conversation. Second, an employer may intercept communications where there is actual or implied employee consent. Consent has been found where the employer merely gives notice of the monitoring. An example of a case in which the courts ruled in favor of the employee: Stengart v. Loving Care Agency, Inc. New Jersey Supreme Court Upholds Privacy Claims. The New Jersey...
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...Governance Assignment #1 – Electronic Surveillance of EmployeesExplain Where an Employee Can Reasonably Expect to Have Privacy in the WorkplaceAlthough the law on employee privacy rights is still developing, various federal and state laws limit and define what employers can do when monitoring their employees (Dillon, Hamilton, Thomas, & Usry, 2008). Under federal and most state law, there are areas where an employee has a “reasonable expectation of privacy” in the workplace. Generally, privacy in the workplace can reasonably be expected in the following three general areas.First, the area of where employees can reasonably expect to have privacy from their co-workers is in their private workplace areas. Courts generally recognize a reasonable expectation of privacy as to an employee’s exclusive private office, desk, and file cabinets containing personal matters not shared with other workers (Wilson, 2006). Second, in highly private areas such as restrooms, break lounges, locker rooms, and places designated for health or personal comfort, courts have generally recognized employees’ reasonable expectations of privacy. The main reason is that activities carried out in these places are things that are not normally done in public. They are private acts, and the employee has a reasonable expectation of privacy during these activities. Finally, different kind of privacy that an employee can reasonably expect in the workplace would be of their personal records such as their background, health...
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...Assignment One 1 Abstract Many employers recognize that need for a specific policies regarding surveillance or monitoring in the workplace. The primary purpose of such policies is to eliminate any expectation of privacy on the part of an employee utilizing company technologies or property for personal use. However, even when an employer has a policy, it is nonetheless common for employers to tolerate some degree of private usage by employees. This is one dilemma for employers and the main purpose for establishing a "zero tolerance". In any event, the employer's written policy and actual practices should clarify to employees specifically and inform third parties through implied or informed consent the expectations of the employer or business utilizing surveillance. Assignment One 2 Question One 1. Explain where an employee can reasonably expect to have privacy in the workplace. 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. Surveillance is becoming commonplace in the work environment. Generally speaking, employers are permitted to monitor by surveillance "public" areas. When surveillance is hidden, however, and when the...
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...Workplace Computer Privacy Computer surveillance in the workplace is nothing new to people. It is commonly known that the employees are being monitored by the leader or boss. When computers and the Internet became prevalent, advanced surveillance increased. There are many employees monitoring software provided for employers to watch over employees' computers. The company administrators can monitor and supervise all of their employee computers including e-mails, chats, screens and even phone calls from time to time. Employees have few if any rights when it comes to electronic surveillance in the workplace. As Brown, Sonja D describes in the article “Naked at work: pssst! The boss is watching”, employees' right to privacy in the workplace is very limited. He asks a series of questions and presents us with several vivid scenes in the workplace, “Are there cameras in your workplace? Are the Websites you visit tracked regularly? Is someone else reading the e-mails you send and receive? How did your boss know that your three-day business trip with the company car was really two days at the client site and one day sightseeing?” (Brown, para. 2). Should employers monitor their employees' uses of these technologies? For the sake of liability, discoverability, productivity and protection of trade secrets and intellectual property, the answer is commonly yes. Can workplace privacy be ignored? Definitely not! The right to privacy plays a unique role in American law and society. Privacy ...
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...Abstract Explain where an employee can reasonably expect to have privacy in the workplace. 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. Explain if Herman’s need to know whether his salespersons are honest is a sufficient ground for utilizing electronic surveillance. Explain to what extent an employer can engage in electronic surveillance of employees. Explain to what extent the inclusion of innocent, unaware third-parties in such surveillance determine whether it is legal. 1. Explain where an employee can reasonably expect to have privacy in the workplace. For employees there are a few legal protections regarding privacy in the workplace. However, employers can and should take proper steps to ensure that employees do not assume that they have unwarranted expectations. It has been decided by the Virginia General Assembly and upheld by the Virginia Supreme Court that it is prohibited to use another’s name or image for commercial advantage. It has by implication shown that there is no other statutory or common law cause of action for invasion of privacy. WJLA-TV v. Levin, 264 Va. 140; 564...
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...employees, employees should opt to conduct all of their personal activities such as shopping either at home or on their own personal computers. Online shopping, personal e-mails, and non-work related web surfing are violations that could possibly lead to termination. Employee surveillance is continuing to prevail as the years pass and there is not much that employees can do about this matter. There is really no federal law that oversees employee workplace privacy. Employers can reserve the right to observe the telephones, computers, and even the workspace of their employees. Although electronic surveillance provides employers with an insight on what's going on in their organization, electronic surveillance can also damage work relationships and trust. Introduction To make sure that employees' aren't using their work time to do things for their own personal gain, employers are now trying to monitor their employees even more. They want to make sure their employees' are being productive during their work hours and are working to achieve company goals. In this paper, I will explain where an employee can reasonably expect to have privacy in the workplace. I will also explain whether it makes a difference if an employee is in an open area or in an enclosed office. Next, I will explain if Herman's, the boss at Fade-In-Interior Auto Dealership, need to know whether his salespersons are honest is a sufficient ground for utilizing electronic surveillance. There will also be an explanation...
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...Devin Smith LEG 500 Law, Ethics, Corp Goverance Dr. Terry Phillips 7/18/11 Explain where an employee can reasonably expect to have privacy in the workplace. If there is a policy in place of the employer related to workplace including privacy issues that policy is legally binding. For example the employer may communicate that employees may enjoy privacy in certain demarcated areas of the office. The employee can enjoy privacy in those areas. According to Ethics in the workplace from a legal perspective employees can reasonably expect privacy in the bathroom and locker room. In such places video monitoring will not be accepted in a court of law. For instance, employers that wish to have an unquestionable right to look at or search for particular items and information kept on their premises should take every reasonable step to dispel any notion that their employers can expect privacy.(p.99-106) Employment manuals should make clear that the employer reserves the right to inspect and examine all areas of the workplace. There is no federal statute that provides general privacy protection in the private employment sector arena. However, in the federal case of Roe v. Wade, the United States Supreme Court held that there is implicit in the U.S. Constitution a right to privacy. A federal statute, 42 U.S.C. Sec. 1983, provides that anyone who, acting under color of law, deprives an individual of rights conveyed by the Constitution or laws of the United States shall be liable...
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...Alex Martino LEGL 616.12 4/11/2012 Privacy with Regards to Electronic Communication in the Workplace Background Given the rise of electronic communication, it is not surprising that privacy with regards to communication such as emailing, texting, or social networking, has become a very big issue. Probably the most prominent area relating to electronic privacy is consumer privacy. Stories about Google or Facebook’s privacy policies are front-page news. However, although it perhaps receives less attention, electronic workplace privacy is just as big an issue. Workers communicate at work using various devices. Some workers rely on a computer to send emails. Other workers may favor using a land phone or a cell phone for communication with important clients. In some cases, workers use texting on cell phones to communicate with fellow employees. The one similarity between all these workers is that they are all probably communicating on a device or on a network that belongs to the company that they work for. Workers are also likely to use work equipment, a computer or a company cell phone, to make personal calls. This makes sense, given the long hours that people often spend at work and the ease of using work machines to communicate. A recent article in The Economist, “Slaves to the Smartphone”, states “Employees find it ever harder to distinguish between ‘on-time’ and ‘off-time’—and indeed between real work and make-work.” Most electronic communication at work (whether...
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...2011 Explain where an employee can reasonably expect to have privacy in the workplace. You may think your United States employee rights authorize you to have a privacy workplace. People are wrong because, according to workplace privacy studies, the odds were good that your employer was monitoring all your internet actions, including your web pages and chat rooms (Niznik, 2011). If your company policy does not state there is a workplace privacy policy, your employer may watch, listen, and read just about everything in workplace area. Employers have the right to protect their business, their finances, and all of their equipment. The American Management Association (AMA) conducted a study of 526 employers which most use some type of electronic surveillance of the employees (Niznik, 2011). Many employers will deny they use any type of electronic surveillance however; the odds are good that your employer has “the eye,” watching your every move at work. Employers are not required to provide workplace privacy because your employers own everything you use at work. Your employers own the computers you work on, the telephones you talk on and the buildings in which you work. There are only a few weak employee workplace privacy right laws that exist. Since there are so few workplace privacy laws, it is legal for “the eye” to spy on you without your consent or your awareness. The only time an employee should have privacy at work is when they are changing their clothes...
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...employees often have conflicting interests in the workplace. One of these conflicting interests concerns the privacy rights and considerations of the employees versus the rights of the employer to monitor the activities of its employees. A relaxed, comfortable workplace promotes good morale but too much comfort can result in a workforce that takes their responsibilities for granted. Achieving a happy medium is the ultimate goal. The development of modern technology has provided employers with increased opportunity to monitor the activities of their employees both on the job and off. Telephone, computers, voice mail, and the internet have provided employers with vehicles that were not available just a decade or so ago. Because of the newness of such devices, regulations and laws governing the use of them are not well developed. As a result, at the present time, employers are enjoying virtually unfettered opportunities to listen, watch, and read most anything and everything that their employees are doing while at work. Some more aggressive employers are even using such devices to do the same in regard to their employees’ private lives as well. In limited cases, some corporations and businesses have enacted policies limiting such interventions by the company but there are very few such companies. The concept of privacy is complicated. What is private for one person may not be for another and when it comes to privacy in the workplace the issue becomes even more complicated. From a...
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...1. Explain where an employee can reasonably expect to have privacy in the workplace. When it comes to employment, many employee privacy rights are granted by specific laws, rules, and/or regulations. For example, there are laws that create a right to privacy in employee personnel records, the use and maintenance of employee social security numbers, employee medical information, background screenings, and the like. But what about cases in which there is no specific statute or code that creates a right to privacy? Does one exist anyway? The answer is maybe. Sometimes, whether a privacy right exists is determined by reference to 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. "Reasonable expectation of privacy" can be raised where, for example, an employer searches an employee's office or cubicle, looks through an employee's working files, or searches an employee's locker at work. 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 first asking permission? Determining whether there was a "reasonable expectation of privacy" typically involves a balancing test, and many factors must be considered to decide whether the employee had a privacy right in answer to these...
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...1. Explain where an employee can reasonably expect to have privacy in the workplace. With the increased use of technology, employers are constantly searching for new means to protect their company, secure their investments, and increase employees’ productivity. Because of this, employees cannot reasonably expect to have privacy within the workplace. Although employees would like privacy in their office, on their computer, and during phone conversations, there is no law legally granting privacy to employees in the workplace. The only place an employee could have a reasonable expectation of privacy is in the restroom. Also, since the employers need to know all employees are providing a proper job, that the workplace place is always secured, also because as the owner of the company he owns the computer network, the terminals and will be the biggest loser if the company fails, he or she is free to monitor employees in order to protect the business and at the same time the employees. Even if employees are sometime given today some minimal protection from computer and other forms of electronic monitoring in the work place, especially through union contract, the Fourth Amendment; or Connecticut, Labor Code Chapter 557 and so on, 92% of all of the US companies still conducting high electronic surveillance in the workplace according to the American Management Association (AMA) report of 2009. For example, personal calls are protected under federal case law. So when an employer...
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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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