...Arguments Supporting Surveillance Workplace surveillance is believed to be able to enhance employees’ productivity. With the implementation...
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...ASSIGNMENT 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...
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...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 business, and talk to employees about his or her rights regarding computer monitoring. Each state workforce commission has policies for workplace computer monitoring and employers should be aware of those policies....
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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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...Explain where an employee can reasonably expect to have privacy in the workplace? Employees can reasonably expect to have privacy in two areas of an organization, the restroom and break room. If an organization were to install recording devices in the either place this would violate employee’s reasonable expectation of privacy. According to the Fourth Amendment, U.S. Constitution “The right of the people to be secure in their persons, house, paper and effects, against unreasonable searches and seizures shall not be violated” (Halbert & Ingulli, 2010, pg. 89). Human beings need and expect a degree of privacy to thrive. If individuals were not afforded this necessity, the work place becomes unproductive. Companies tangle with this issue, but understand privacy is needed. If an organization were to install cameras in the break room, this would appear to be very strange to its employees. This action raises the question, why monitor your employees during time periods where they are not being paid and not performing organizational duties? Furthermore, if an organization were to do this they would need reasonable grounds for taking such actions. This information would need to be given to employees during orientation before they accept employment. 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 overheard, or an enclosed office, in which- when the door is closed-conversations cannot...
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...Electronic Surveillance of Employees Flor Leticia Rivera-Michel Strayer University LEG 500 Law, Ethics, and Corporate Governance Niki Wilson January 25, 2011 1. - Explain Where an Employee Can Reasonably Expect to have Privacy in the Workplace. In this modern world is difficult to determine where our private life begins and ends and where our work life start, through the years we have seen how employees sometimes take advantage of the resources available to them in their workplace and use them for personal gain, this has led the company to have better control of the activities performed during employee work hours, such as phone calls and internet use. Employees are accustomed to using the technology made available in the workplace for purposes other than job duties. Although generally discouraged by employers, checking news headlines, doing some on on-line shopping, sending personal e-mails, or socializing on Facebook while at work are everyday occurrences. Many still feel as though these actions go unnoticed by employers and assume, incorrectly, that their activities remain private. (Communications of the IIMA, 2005) In my point of view our personal life had to be limited during of work hours, its notorious that some personal calls are necessaries, but we have to avoid abuses, “If you have nothing to hide, you have nothing to fear”, if we are no abusing the companies resources available for us, we won’t be afraid of being monitored. The privacy employee...
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...Has the NSA'S Surveillance Impacted the Economy? Southern New Hampshire University English 123: Composition II How Has the NSA'S Surveillance Impacted the Economy? Introduction The Guardian aired a report on the surveillance programs of the National Security Agency over one year ago. The report based on leaked information from one of the agency’s contractors named Edward Snowden. The national opinions from several interested parties concentrates on simplistic debates evaluating the tradeoff between individual privacy and national security. However, it is an important time for the government and other stakeholders to begin weighing the benefits and costs associated with the surveillance more carefully. In spite of the strong defense by intelligence officials in favor of the NSA programs, the officials fail to table any credible evidence in support of the benefits they suggest. In fact, some initial analysis of the programs indicates that the benefits are dubious. It is true that the United States is a target for terrorist and other malicious groups, state officials often use the threat as an excuse to conduct and promote the activities of the National Security Agency. It may be beneficial in the context of security, but the surveillance programs also jeopardize the activities and operations of other organizations and individuals within the United States. The impact of the activities of the NSA on other parties is a cause for an analysis of the economic effects realized within...
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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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...Rights and Ethics of Employees with Respect to Privacy at Work Widespread use of electronic communications media such as e-mail and information resources such as the Internet has prompted many employers to engage in electronic surveillance of their employees. Employers are monitoring—and even recording—employees’ personal phone calls, e-mails, and workplace conversations. Video cameras are trained on employee parking lots, break areas, and other parts of the workplace. Today’s employers have the legal right to conduct search and seizure of employees’ personal property; monitor the employee’s telephone calls, workplace computer, Internet, fax use, and e-mail; perform employee drug testing; and conduct investigation and surveillance of employees. Electronic Surveillance The ethics of employee surveillance are problematic, because both the company and the employee have rights, and these rights can conflict. The employee owes the company a solid day’s work and protection of proprietary property and knowledge, but the employee can claim rights such as privacy, compensation for injury, freedom from harassment, and a living wage. Employees are often not aware of the fact that their e-mails are being read by their employers. Moreover, most employees are unaware of the extent to which their employers can and actually do monitor what they do. Studies indicated that worldwide, approximately 27 million employees workforce, are under continuous Internet or e-mail use surveillance at work, more than...
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...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. Also, employees in most states have the right to request access to their personnel files upon proper notice. The next...
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...Assignment #1 – Electronic Surveillance of Employees DJhonna M. Jones Legal 500 January 28, 2012 Professor Lisa Armonda, J.D. Abstract: This paper is a look at the Video “Electronic Surveillance of Employees”. It will cover where employees can reasonable expect to have privacy, open and enclosed area effects on employees. It will also cover Mr. Herman’s information needs, employer electronic surveillance of employee’s extent, and unaware third party usage in surveillance. Explain where an employee can reasonably expect to have privacy in the workplace. In general workplaces can be divided into two types. The first type is the closed office space. When doors are closed in this type, there is virtually complete privacy for conversations taking place within the enclosed space. Its direct opposite of an enclosed office space, an open office space is a series of desks within an open area separated at most by various pieces of furniture and petitions. Due to the recent trend of litigation resulting from the use of surveillance in the work place, electronic surveillance has taken a larger spot in law than ever before. Most employees use the computers at their jobs to do private things such as send personal email or make an online purchase. Most are convinced that these little slips in the workplace go unnoticed by their employers and feel that their actions remain something private that only then know of. However...
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...Electronic Surveillance of Employees LEG 500 Law, Ethics, and Corporate Governance January 22, 2012 1. Explain where an employee can reasonably expect to have privacy in the workplace. Human beings need privacy and have a right to expect privacy in certain areas of their lives. The areas where an employee can reasonably expect to have privacy in the workplace are very limited. Common decency precludes monitoring in highly private locations, such as bathrooms. Personal items, such as purses, wallets and gym bags may also be considered to be off-limits. The employee can also reasonably expect privacy during personal telephone calls at work. In Watkins v. L. M. Berry (1983), the court upheld upon appeal that employers must stop monitoring calls upon realization that the call is of a personal nature. Exceptions to this are when employer policy specifically forbids calls of a personal nature. Here the employees need for privacy directly conflict with established policy. Privacy protection may vary with state laws and federal statutes. State laws on privacy in the workplace may differ with some states offering much more privacy protection to the employees than others. For example, Volkert (2005) reported that while electronic surveillance may be allowed in Idaho, it must have a specific purpose and record video only (no audio). Government employees are likely to have greater privacy rights than private sector employees due to protections under the Fourth Amendment of...
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...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...
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...Technology Improvements in Surveillance: Closed Circuit Television (CCTV) and Its Effects on Society Oftentimes when people talk about surveillance we naturally think of cameras on the corner of a street or the camera installed by the entrance of a bank. Surveillance is much more in-depth and diverse than that. Surveillance is the act of monitoring the activity of a person or a group of people in a given location for the purpose of gathering information that can be used for the purpose of directing, influencing, managing, or protecting them. Surveillance can be used by individuals, companies, or government agencies as a form of deterrent to crime and evidence for convicting criminals or solving a civil case. There are different forms of surveillance; natural surveillance which involves the placement of physical features, activities and people in a way that maximizes visibility. If a criminal is aware that he or she is at a risk of being watched or observed, a potential crime is less likely to occur. For the purpose of crime deterrent and safety, the traditional form of surveillance, the Patrols, has rapidly been replaced by technology like the closed circuit televisions (CCTV). Patrols cannot be everywhere and also not cost effective; therefore, technological methods of surveillance have quickly been used to supplement patrols because of its cost efficiency and effectiveness. What is CCTV? According to the article Video Surveillance of Public Places by Jerry Ratcliffe, CCTV...
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...Electronic Surveillance of Employees Law, Ethics, and Corporate Governance – LEG 500 Strayer University. January 22, 2012 1. Explain where an employee can reasonably expect to have privacy in the workplace. Privacy has become an extremely important part of American culture. Privacy is freedom from unsanctioned intrusion (American Heritage Dictionary). It is an implied right based on the Fourth, Fifth, and Ninth Amendments of the Constitution (August, et al., 2001). Employees believe that an employer has no business prying into their private life, even at work. Many others believe that employers don't have any excuse to monitor them. For many years, there has been an ongoing fight between employers and employees pertaining to employee rights. While employers monitor employee behavior with customers, email accounts, phone conversation and company computers mainly for many reasons, many employees don't seem to understand why exactly employers intend to do this. When it comes to employment, many employee privacy rights are granted by specific laws, rules, and regulations. Employees should always be treated with respect, dignity, appreciation and not be exploited. An employee can reasonably expect to have privacy in a bathroom or locker rooms, places considered physically invasive. Beyond those areas most employees have little rights to privacy within the workplace. New technology has made it possible for employers to monitor many aspects of their employees’ job,...
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