...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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...Electronic Surveillance of Employee Professor Cowan LEG 500 April 24 2011 Table of Content Page Where an employee can reasonably expect to have privacy in the workplace ……………….. 1 Explain whether it makes a difference if an employee is in an open area or in an enclosed office………………………………………………………………………………………..….. 2 Explain if Herman’s need to know whether his salespersons are honest is a sufficient ground for utilizing electronic surveillance………………………………………………………….......2, 3 Explain to what extent an employer can engage in electronic surveillance of employees…………………………………………………………………………….……….3, 4 Explain to what extent the inclusion of innocent, unaware third –parties in such surveillance determines whether it is legal……………………………………………………….…….…...4, 5 Reference Cited………………………………………………………...…………Reference Page Electronic Surveillance Page 1 Explain where an employee can reasonably except to have privacy in the workplace. Based on the fact that the United States doesn’t have a comprehensive law that protects privacy, there is almost no where in the work place that is private. Most laws give the employer the ability to monitor their employees as long as they have a valid reason for their monitoring. With the advance tin technology employer’s ability to monitor their employees has expanded over last 20 years. Employers have the right to monitor telephone calls, computer usage, electronic mail, voice mail, and video monitoring. Most employee...
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...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...
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...person feel like a criminal in many cases. But why would someone feel intimidated if they done nothing wrong? Having a surveillance that protects people safety is a good way to reduced crime rate. Surveillance will make secured safety, especially if they focus on a certain ethnic groups with higher crime rate. This isn’t some kind of racial profiling or racism, but instead it is a way to make secured safety in any public places for the society. It is obvious that this will create a problem, but we shouldn’t be afraid to take risk for everyone’s peace. Surveillance in public places will create a better society. With the use of this technology crime rate will go down. If everyone is being watched by the surveillance, wrongdoers would not even think about doing a crime knowing that they’re being watched. The purpose of the surveillance is to keep an eye on everyone in public. In Dan White’s writing “ the...
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...PREPARATION: 60 MINUTES EXAMINATION: 30 MINUTES The UK/Culture Text: Warning over “Surveillance State” From: http://news.bbc.co.uk/2/hi/7872425.stm, 6 February 2009 Assignment: 1. Make a brief introduction to the text. Surveillance is an ever-increasing technology, which threatens our personal privacy. In the rapid evolution of surveillance technology, we risk that the government receives and stores more information about us, than we want to share. Surveillance have made it easier to tackle crimes before, they are being executed, but we need to make sure that this power, in the form of knowledge, is not misused. 2. Sum up the main points * A warning against overuse of surveillance. * A threat to society, in a case of a misuse of power * A threat to personal freedom, and thereby democracy 3. With starting point in the following quotation, discuss the importance of the above mentioned issues: "The key is to strike the right balance between privacy, protection and sharing of personal data," a Home Office spokesman said.” (page 3) Maintaining the right balance between privacy, protection and sharing of personal data is very important. We need to make sure that every person in our country, or world, feels safe, and liberated to do and think what they please, as long as that person sticks to the laws of this country. Do we need to make sure that everyone obeys the laws of their country? Yes. But I don’t think it should be in a degree...
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...Assignment #1 – Electronic Surveillance of Employees Explain Where an Employee Can Reasonably Expect to Have Privacy in the Workplace When employees go to work, and clock in for all intensive purposes they are on company property and company time. Anything that occurs, or is said has to portray the company in the best way possible. When employees are on company property it is my opinion that the organization reserves the right to monitor their employees. The only place an employee should reasonably expect to have privacy is in the restroom area. When you first get hired by a company all your information regarding your social security, maiden names, emergency contacts, work history, incomes, even credit history, and background checks are examined. If it’s privacy regarding personal information people are concerned about there is nothing to protect. Your employer already has all your information on file. What is important is that the company discloses to their employees that they will be monitored and recorded, and by signing a contract they are giving up their privacy rights. Explain Whether it Makes a Difference if an Employee is in an Open Area or in an Enclosed Office An employee that is on the clock is expected to be productive. There should be no reason why conversations taking place should not be work related, and if not they should still be appropriate for the workplace. Nothing illegal, inappropriate or disrespectful should occur or be discussed in open or closed...
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...“Electronic Surveillance of Employees” Katy Romero Law, Ethics and Corporate Governance Dr. Andrea N. Brvenik Strayer University July 17, 2011 Electronic Surveillance of Employees An employer has the right to monitor the employees to increase the productivity and efficiency of its business. In the other hand, every person has the right of privacy within the organization. Human beings must experience a degree of privacy to thrive. Electronic surveillance is increasing every year within the organizations worldwide. This practice has created a debate among employees and employers. 1. Explain where an employee can reasonably expect to have privacy in a workplace 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. Now days, video monitoring is commonplace in many work environments to maintain security, monitor employees, and to deter theft. 2. In the workplace, there are typically two spaces, an open area in which there are several desks and where conversations can be...
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...Surveillance, of one form or another, has always been an active part of society. Surveillance is regarded as a way to monitor social activity of a virtual or physical nature with the aims of ensuring safety and stability for those who can be directly or indirectly impacted by what is occurring. The emergence of the Internet and other technologies has made surveillance more of an asset rather than just a vehicle of ensuring safety and protection. Media and internet companies have created platforms that maximize the exploitation endured by the user, with the objective of successfully capitalizing on the information being obtained. More many companies, the primary objective of social exploitation and surveillance is to increase their bottom line...
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...Electronic Surveillance of Employees Employee privacy is a controversial topic. There is a need to ensure quality and accuracy in the interactions with customers. This need opens the discussion of what is insuring quality and what is an invasion of privacy. With the advancement in technology there are many surveillance options at the disposal of employers. The employer must review all surveillance options to determine which are legal as well as beneficial to customers, employees, and the business. Employers must consider these factors to make the best legal and ethical decision. Privacy in the Workplace Understanding the meaning of the word privacy is key to set standards of where in the workplace employees may expect discretion. Privacy is “the right to be free from secret surveillance, to determine whether, when, how and, to whom, one's personal or organizational information is to be revealed” ("Privacy," n.d.). Employees may reasonably expect to have privacy in several areas of the workplace. Two physically invasive areas which privacy should be a must are the restrooms and if one has an office with a door, a certain amount of privacy should be expected in that space. Other types of privacy a staff member can demand fairly is the confidentiality of their personal record, like background information, medical reports, social security numbers, financial information, corrective action, and any development plan the employee has engaged in. However, as far as monitoring an...
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...Surveillance Surveillance in Schools: Safety vs. Personal Privacy A project created by Kathy Davis, John Kelsey, Dia Langellier, Misty Mapes, and Jeff Rosendahl Project Home Security Cameras Metal Detectors Locker Searches Internet Tracking “Surveillance…n. close observation, esp. of a suspected person” [emphasis added] --Reader’s Digest Oxford Complete Wordfinder, 1996 In 1995, “The total number of crimes committed per year in or near the 85,000 U.S. public schools has been estimated at around 3 million” (Volokh & Snell, 1998). Our educational system is evolving all the time, and one factor that is constantly changing is the aggressiveness within our schools. In 1940, a survey of teachers revealed that the biggest behavioral problems they had from students were “talking out of turn, chewing gum, making noise, running in the halls, cutting in line, [violating] the dress code, [and] littering” (Volokh & Snell, 1998). In 1990, the toprated problems were “drug abuse, alcohol abuse, pregnancy, suicide, rape, robbery, [and] assault” (Volokh & Snell, 1998). In 1940, we had little need for surveillance beyond a teacher’s observation and intervention. Today, however, we live in a much more diverse society with troubled youth and adults who have easy access to weapons, drugs, pornography, etc., which have enabled students and staff to bring their violent and/or inappropriate tendencies into the naïve schools. What worked in 1940 (teacher-student confrontation) is not as realistic...
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...Elizabeth Foss “The Internet is a surveillance state” Introduction to information systems security March 28, 2013 With all the technology we have nowadays it’s hard not to become a part of the newest trends or the newest apps etc. This article is letting us know that no matter how careful we are, companies and even people that are involved with the law can see and track everything we do and search for. It’s hard to believe that people can have that much control into technology to literally see what everyone is doing. Whether your simply looking up clothing or doing something more private, its viewable and accessible. The author is trying to get the point across that even if you take the most extreme precautions with what you do on the internet, nothing is a secret anymore. Imagine going into a job interview and the person brings up something seen on your Facebook from 8 years ago, and it prevents you from getting the job. The author is trying to say exactly that. What you do on the internet whether its on your own personal device or on a public domain, can affect your life. People have lost their careers due to slip ups on the internet. How did technology become so advanced to where there is basically no privacy anymore? This article warns you that you are being tracked at all times. Smart phones have devices where you can be pinpointed to your exact location, which is a scary thought. Not only does it make people not feel safe, it makes you wonder how many companies...
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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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...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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...privacy it’s important to consider personal privacy in relation to the company’s privacy and more paramount, company protection. As the video illustrated, the managers reasoning for monitoring his sales floor employee conversations was to protect the reputation of the car dealership as well as protect the business against any potential legal ramifications from dishonest sales employees. This is a very reasonable purpose for monitoring electronically to protect company interest. However, it would be in the interest of the company to communicate to its employees that they are being monitored so there is not sense of privacy invasion of its employees. As in the example with this case, it’s reasonable that the case can be made that electronic surveillance anywhere on the company property is reasonable to protect customer and company interest. Since the restroom is a very necessary and private need, this would be the only reasonable place within a work environment that an employee could expect to have privacy. In the office workplace there are typically two types of workspaces,...
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...Running Head: Electronic Surveillance of Employees Electronic Surveillance of Employees Tenika Farris Professor: Anne Dewey- Balzhiser LEG 500-Law, Ethics & Corp. Governance 10/22/2011 Introduction New technology allows employers to monitor the job performance of their employees which has become a 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...
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