...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 surveillance is surreptitious, then the employer may open...
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...cost or benefit analysis. Arguments Supporting Surveillance Workplace surveillance is believed to be able to enhance employees’ productivity. With the implementation...
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...Electronic Surveillance of Employees 1. Explain where an employee can reasonably expect to have privacy in the workplace. Generally, the courts don’t “ally” the employee’s cause when it comes to privacy intrusion in the workplace unless it was unreasonable, “…only if he had an objectively reasonable expectation of seclusion or solitude in the place, conversation or data resources” Shulman 955 P.2d at 469. To be qualified as unreasonable, the intrusion should involve invading another person’s solitude in a manner considered highly offensive or unauthorized, for example, the employee’s privacy was video monitored, so it has been physically invasive, such as a hidden camera in a locker room or a bathroom is unlawful. To answer this question, an employee can reasonably expect to have privacy in the workplace in a locker room or a bathroom. Also, the Supreme Court of California recently held that: “In an office or other workplace to which the general public does not have unfettered access employees may enjoy a limited, but legitimate, expectation that their conversations and other interactions not be secretly videotaped by undercover television reports, even though conversations may not have been completely private from the participants’ coworkers.” Sanders v. American Broadcasting Co., Inc., 978 P.2d 67, 69 (cal.1999). 2. In the office workplace there are typically two types of workspaces, an open area, in which there are several desks and where conversations...
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...To: All Employees From: President of ABC Companies Date: August 16, 2014 Subject: Workplace Surveillance As we start on the last quarter of the year here at ABC Companies, I want to thank each employee for their contributions and hard work, as well as their dedication to making this company the safe environment we strive for it to be. With the end of the year rapidly approaching, I would like to update everyone on surveillance measures that have been implemented and why we feel these rules have had to be placed. Our goal here at ABC Companies is to provide you the safest and most productive work environment that we can, in order for you to leave here each day feeling fulfilled and excited to begin a new workday. In order for us to continue to make these claims, a new surveillance measure has had to be put into place, which I have outlined below. • Internet Filters: When you first began your employment with ABC, you signed an agreement that company time would be used at a minimum to tend to personal matters. We understand that each of you have a family and other concerns outside of your employment, however after monitoring online activity during business hours, we have found that a large number of employees are spending more than 30 minutes a day using websites that do not pertain to our business and employee responsibilities. After researching and weighing the pros and cons, we have decided to enable filters on the internet, so that websites for personal use are blocked...
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...Workplace Surveillance Memo Anna Wright Southern New Hampshire University P. Bass To: All employees From: HR Department Date: November 2nd 2014 Re: Workplace Surveillance Memo This memo is to inform you that going forward we will be installing software on your computers that will be monitoring your emails and internet usage. This new policy will take effect immediately and the monitoring will only take place when you are at work (ie: at the workplace or any other place working). While at work we want to make sure that you are using your time to perform work, please make sure that you are using the internet as needed to perform your job and ensure that you are not using your email for personal use or to conduct any other business. We will also be blocking certain websites on Company owned equipment. This policy change is to protect the integrity of the company as well as to ensure that company time is being used in appropriate ways. We are sure that you will stick to the policy at all times while “at work.” Any questions or concerns should be directed to the HR department directly. Controversies We understand that this might feel like an invasion of privacy but please understand that that is not what this policy is meant to do. We want to protect the company and our customers as well as ensure that we are adhering to the laws when it comes to your privacy. We also want to ensure that when on company time employees are using that time to carry out work...
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...White makes an argument based around the protection and right to surveillance individuals in business settings to ensure that they don’t steal anything from the store, and had it not been for such surveillance, more than the already staggering amount of money stolen from stores and businesses would be much larger. Although the surveillance of customers can benefit a business it is not always necessary, business owners can of course do as they please within the confines of their own private business. This includes the surveillance of individuals, however is it unjust to target surveillance towards a racial or ethnic group through due process of racial profiling. The benefits can be argued to outweigh the negativity. There are also better...
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...Rapidly changing technological advances make computers a part of the every workplace. Companies store important data on computer systems, databases, networks, and workplace communication uses computers and networks. Computers can reduce paperwork, distribute data quickly and stay competitive, but it allows the potential for security issues ultimately affecting business operations (Friend, 2012). The majority of data on computers and almost all communication are on a company’s computer network, and the security of the data is crucial for the success of the business. Monitoring in the workplace of computers uses a variety of software products that monitor computer networks. This software can monitor or track employee activity and productivity for a company. Using a software package for security of data in a system blocks certain websites, alert information technology staff of potential threats, such as computer viruses, monitors computers, and Internet use by employees. Companies should consider using computer monitoring software in the workplace, and do extensive research on different products and services. Some software can be costly, but it may be worth the investment to protect the integrity of a business, and the safety of the employees. Allowing employees to see the software and its capabilities by demonstrating its features in a group setting will ease the move to security monitoring in the workplace. Honesty regarding the monitoring software will add security to the...
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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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...Electronic surveillance in the workplace Electronic Surveillance in the Workplace: Concerns for Employees and Challenges for Privacy Advocates Anna Johnston and Myra Cheng Paper delivered 28 November 2002 International Conference on Personal Data Protection Hosted by Personal Information Dispute Mediation Committee, Korea Information Security Agency Seoul, Korea Ms Anna Johnston is the NSW Deputy Privacy Commissioner. Ms Myra Cheng is a Research & Policy Officer with Privacy NSW, the Office of the NSW Privacy Commissioner. The authors gratefully acknowledge the assistance of Dr Ben Searle, Macquarie University, in providing an overview of the relevant literature from the field of organisational psychology. Introduction This paper takes up the challenge of talking about privacy in the workplace - a site of potential conflict in which there may be co-existing radically different views on whether workers can or should have any expectations of privacy. As long as there has been employment, employees have been monitored. Nebeker D M & B C Tatum, "The effects of computer monitoring, standards and rewards on work performance, job satisfaction and stress" (1993) 23(7) Journal of Applied Social Psychology 508 at 508. However, in recent years, with an environment of affordable technology, the availability of less easily observable or detectable monitoring devices, and a lack of adequate regulation, there has been an explosion in the use of electronic monitoring...
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...Electronic Surveillance of Employees Professor Michael Hall Law, Ethic, and Corporate Governance- LEG 500 November 1, 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...
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...Electronic Surveillance of Employees Assignment #1 Natasha Wise LEG 500 Professor Diane V. Barrs Strayer University April 24, 2011 Abstract Do you think that no one would notice if you take a moment out of your workday to make personal calls, do some online shopping, or even check your personal e-mail? With the yearly increase in electronic surveillance of 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...
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...Electronic Surveillance of Employees Purvil Patel Professor Pearlie Bush Law, Ethics, and Corporate Governance – LEG 500 April 24, 2011 Throughout this paper I will be illustration many questions around “Electronic Surveillance of Employees”. I will discuss the video and explain where an employee can reasonably expect to have privacy in the workplace, whether or not if it makes a difference if an employee is in an open area workspace or an enclosed office space, explain if Herman’s need to know whether his salespersons are honest is a sufficient ground for utilizing electronic surveillance, to what extent an employer can engage in electronic surveillance of employees and at last explain to what extent the inclusion of innocent, unaware third-parties is such surveillance determine whether it is legal. In the video the manager is electronically listening in on his sales team and confronts a salesman who is making humorous false statements to a customer in order to close a deal. The manager confronts the salesman who justifies his actions by stating it was a joke. The manager enforces him to provide the customer will the correct information and documents. Another saleslady realizes what is going on and confronts the manager and says she is leaving to protect her right of privacy. The video is a little extreme but gets the point across, is electronic surveillance of employees the lawful and ethical thing to do. This is a sales job so the manager can justify the electronic...
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...Assignment #1 – Electronic Surveillance of EmployeesStrayer University LEG500 – Law, Ethics, and Corporate 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...
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...Electronic Surveillance Of Employees Running Head: Electronic Surveillance Of Employees Electronic Surveillance of Employees Cathy D. Brown Professor:: Anne Dewey-Balzhiser LEG500- Law, Ethics and Corporate Governance Date: January 22, 2012 Introduction: Some would say that workplace privacy rights are non-existent in the private sector. Workplace surveillance is that employers have a legitimate right to conduct surveillance for the benefit of themelves, the community at large for purpose such as detection of fraud and other crimes, the defference of criminality, and in order to comply with laws such as discrimination and defamation law. A employer can engage in electronic surveillance of its employees to further protect his her company however, an employer shoud inform employees that they are subject to monitoring perhaps by setting up a highly visible surveillance system or distributing to all employees and job applicants copies of a surveillance policy or both. 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. Some may find that, the ECPA contains loopholes that facilitate employee monitoring. Court found the company’s electronic communications policy to be ambiguous and interpreted the ambiguity against employer. The court The policy stated that the company could...
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...View the video: “Electronic Surveillance of Employees” by clicking on the link in the course shell. There is also a link that will allow you to print the script of the video. Write a four to five (4-5) page report that answers the following: 1. Explain where an employee can reasonably expect to have privacy in the workplace. In today’s age of e-mail, internet, and increased use of technology, there are very few places that an employee can expect to have privacy in the workplace. The sanctuary of one’s enclosed office used to be expected to warrant privacy but not anymore. There are no uniform legal standards protecting employee privacy in the workplace. Employers can get away with denying workplace privacy because they own the business phones, computers, and building. About the only place an employee can reasonably expect to have privacy in the workplace is in the changing room. Wisconsin Representative Thomas Petri introduced Bill H.R. 582 in 2005 to enact the Employee Changing Room Privacy Act. This bill would prohibit employers from engaging in video or audio monitoring of employees in restroom facilities, dressing rooms, or other areas in which it is reasonable to expect employees to change clothing. It proposed to establish maximum civil money penalties for violators. However, this bill never became law. 2. In the office workplace there are typically two types of workspaces, an open area, in which there are several desks and where conversations can...
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