... 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 or using the bathroom...
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...INFORMATION AGE AND INFORMATION PRIVACY UNIVERISTY OF MARYLAND UNIVERSITY COLLEGE 5 AUGUST 2011 | An estimated 35 million people use e-mail – either via their company’s computers or on paid networks. Unlike telephone calls, which by law are private because the phone lines are considered common carriers, a company owns its computer network and all the data in it. Seemingly, private email has been used against employees in everything from sexual harassment cases to charge of trade secret theft. Even employees who carefully delete their email cannot escape cyber-investigators who can hunt through a computer’s backup system to find just about anything ever stored in a computer. That is to say, the use of email is like having a video camera consistently running. Information Privacy can be defined as the relationship between collection and dissemination of the information. There is no doubt that there is a public expectation of privacy, however, the term itself has legal and political issues surrounding it. Information Privacy affects our personal and professional life. With the invention of the personal computer in 1970 and the internet reaching a critical mass in 1990, and the adoption of this technology three decades later, we society catapulted into what is known as the “Information Age”. The “Information Age” has allowed global network communication and shaped our modern society. With so many advancements in technology and the reliability of computers in our...
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...reasonably expect to have privacy? Employee’s expect to have a reasonable amount privacy in the work place at least in their own work space but today that may not be all possible due to electronic Surveillance . Employees are becoming increasingly concerned about their privacy as their employers are monitoring them electronically more closely than ever before. Still employees expect to have privacy at the lunch area, bathrooms and lockers. Besides those places the employee has little or almost no privacy within the company. Electronic monitoring allows an employer to observe what employees do on the job and review employee communications, including e-mail and Internet activity, often capturing and reviewing communications that employees consider private. Video monitoring is common in many work environments to maintains security, by monitoring employees and to deter theft. There are laws set in place to also protect the privacy tof employee’s personnel records, including personal data, medical information and health status, social security numbers, background screenings information, financial and everything else that could invade a persons privacy. Is Herman's need to know whether his salespersons are honest a sufficient ground for utilizing electronic surveillance? The answer probably depends on whether there are alternative methods of ascertaining the honesty of salespersons that are less invasive of the employees' privacy. For example, Herman could...
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...Is using social media for marketing a form of infringement of personal privacy? We are now in the 21st century and social media has become a very big hit. So the topic here is, is it an invasion of personal privacy when marketers use social media in marketing? First let me explain what personal privacy is. It is personal freedom from unwanted disturbance in someone’s private life meaning that we have the freedom to be not constantly disturbed. However, the internet is a public library, when you add something on the internet it is already public even if it wasn’t meant to be, and to be honest there are many people out there who just like to cause disturbance, but you have the choice to post it privately or publicly. It is not eavesdropping if you posted something publicly and a stranger saw it. There are also possibilities that the marketers collect personal data like workplace or home address so that he can personally meet face to face with the customer or consumer to conduct his survey. If the marketer constantly visits your workplace or home it is an invasion of privacy, but I find this very rare because it doesn’t benefit him, in fact it is a waste of time for him if he keeps getting rejected, in anyways so it is not practical. The reasons why marketers have started using social media for marketing is because the users are massive, like Facebook it has more than 1 billion users. Because of this massive amount of users’ marketers will use this advantage to gain knowledge...
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...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...
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...information age is that of privacy” (Andrew A. Adams & Rachel J. Mccrindle, 2011, P. 211). This report will address the relevant issues on privacy with regards to implementing this project and make necessary recommendations. ELECTRONIC SURVEILLANCE OF HUMAN (EMPLOYEE) IN A WORK PLACE Electronic surveillance of employees in a work place can be described as the monitoring of the activities (work conduct) of employees by the employer by the means of electronic device. The monitoring aspect may include some or all of the following areas: • E-mail • Voice mail • Employee location • Telephone conversation • Internet usage • CCTV (Video surveillance) etc. There are various reasons why employers may want to monitor the activities of their employee. One of such reasons is to ensure system security and operation (Andrew A. Adams & Rachel J. Mccrindle, 2011, P. 212-218). The firm of JICTL is implementing this system for the purpose of measuring employee productivity. For the fact that electronic communication has become so important in the modern workplace with the use of e-mail, the internet, telecommuting, and corporate intranets, employers are increasingly scrutinizing employee use of these business assets, because inappropriate usage of electronic assets hampers the productivity and efficiency of a business. ( Kelly Eileen P, 2011). According to mcgregor theories X and Y of human behavior at work place that states as follows: • There are individuals at workplace who dislike work...
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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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...M5 Original Assignment Topic Is drug testing an unwarranted invasion of employee privacy? Which is more important getting drugs out of the workplace or protecting the privacy of the employee? No, I don’t think that drug testing is an invasion of the employee’s privacy. The Employer informs the potential employees if a drug test is required before hiring them, and also if they can do it at any time during their employment period. The applicant has the option not to take the job if they feel their privacy is being invaded. An employer needs to know that they have responsible employees working for them since they are the ones doing the job. When someone is on drugs even if it’s not during work hours it can affect their production, or them being on time and many other reasons. The employee is trying to protect themselves, and if it’s illegal they shouldn’t be doing it anyways. I think that getting the drugs out of the workplace is more important than protecting the privacy of the employee from drug testing. The employee is informed about the drug tests and they have the option to deny it as well. It is more important to have a safe working environment with responsible people who will perform their jobs on a daily basis. What about other health-threatening activities, i.e. smoking outside of working hours, unprotected sex, etc. Should employers be able to question or test employees or potential employees about these activities? I don’t think that if the employee smokes or has unprotected...
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...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 Kleiner, 2003) Most cases concerning Invasion of privacy by employers involve intrusion upon seclusion. At this video to listening to conversion is not an ethic behavior and employee can expect to have privacy at that situation. ...
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...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 questions. Items...
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...Electronic Surveillance of Employees Angela Hockaday Strayer University Law, Ethics, and Corporate Governance LEG 500 Professor Anne Dewey-Balzhiser October 23, 2011 Abstract This paper will explore Electronic Surveillance of Employees. First, we will discuss and explain where an employee can reasonably expect to have privacy in the workplace. Secondly, we will review information regarding 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 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. Thirdly, we review the video and analyze Herman’s need to know whether his salespersons are honest is a sufficient ground for utilizing electronic surveillance. Next take a look into and try to explain to what extent an employer can engage in electronic surveillance of employees. Finally, we explain to what extent the inclusion of innocent, unaware third-parties in such surveillance determine whether it is legal. Electronic Surveillance of Employees Electronic surveillance of employees, whether employers have an interest in being able to monitor their employees while at work, or knowing how their employees are in their personal lives, Frederick Taylor invented such an approach in the 1880s...
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...of Employees Lilly Beth Rodriguez Dr. Williams LEG 500 October 18, 2011 1. Explain where an employee can reasonably expect to have privacy in the workplace Employee privacy rights are automatically granted and protected by specific labor laws, regulations and certain rules to follow, especially when it comes to employment. There are laws that already exist in our society today to protect the one employee privacy of over their personnel records, the use and storing purposes by employer over employee personal data. Especially, when the privacy falls into the subject of electronic surveillance by employer at this electronic age in the workplace. Most employees are becoming self aware and frequently increasingly concerned about their privacy on daily basis, as their employers are constantly monitoring them electronically way more obvious than ever before. Thought, attempt had been tried to block this sneaking activity, but the number of failures at some state whom tried to prevent this monitoring activity still failing, as employers always have some strong various reasons to sneaking into their employee. The reasons could range from monitoring or spying on employee email, phone line to internet activity with the reason to ensure the productivity of the employees at workplace. 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...
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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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...Electronic Surveillance of 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...
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...Surveillance of Employees In America there is a lack of comprehensive uniform legal standard protecting the privacy of its citizens. The no express “right to privacy” was written into the U.S. Constitution, although the Supreme Court has interpreted the First, Fourth, Fifth, and Ninth Amendments as creating certain privacy rights that cannot be violated by the government. Many employees may claim that electronic monitoring amounts to “intrusion” which is a variation on the tort of invasion of privacy (Halbert & Ingulli, 2009). “Intrusion involves invading another person’s solitude in a manner considered highly offensive— unauthorized prying into a personal bank account, or a landlord bugging the wall of his ten- ants’ bedroom, for example. Most courts consider two main factors: (1) the obnoxiousness of the means used to intrude; that is, whether it is a deviation from the normal, accepted means of discovering the relevant information; and (2) the reasons for intruding” (Halbert & Ingulli, 2009 p. 74). 1. Explain where an employee can reasonably expect to have privacy in the workplace. The increased use of technology in the workplace has created new concerns for both employers and employees in the area of privacy just like the privacy issue that is going on at the Fade In-Interior Auto Dealership. The reasons for the large expansion in the use of technology in the workplace are far from surprising. The use of email and the Internet can significantly reduce operating costs through...
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