...Privacy laws and Policies XCOM / 285 04/08/12 After reviewing the Electronic Reserve Readings for our class and reading the classmates threads, I feel that communication privacy laws and policies are necessary in the work place. In this day and age of electronic communication it is very important for an employer to be aware of what an employee is doing on company time and with company property. As law suits are rampant, it is important for a company to protect itself and its employees. If an employee is sending potential sexually offensive material or just offensive material on company time and company property it is important for a company to be able to monitor and stop this action or be held accountable. In some companies an employer needs to be able to monitor an employee for sharing trade secrets and information that could potential harm or cause a loss in revenue. I however feel that it is of utmost importance for each company to determine how much surveillance is needed, with in the guide lines of the law. As brought out in our reading “The erosion of employee privacy by such practices as electronic monitoring and surveillance, however, comes at a cost in the form of increased stress and decreased employee morale, satisfaction and trust in their organization and management (Hornung 2005; Lee and Kleiner 2003). The Constitution’s fourth amendment also protects against “unreasonable search and seizure.” So with in each company a balance needs to be taken to protect themselves...
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...communication privacy laws and policies in the workplace, I though that it was an invasion of employee’s privacy. After researching employer and employee views on the topic, I am for the policies and laws regarding workplace communications. Although employees should have privacy, many U.S. companies are implementing workplace monitoring, consisting of recording telephone calls, viewing e-mails, Internet connections and employee computer files (E-Monitoring in the Workplace, 2006). Because many companies rely on technology to complete jobs, employers must protect their assets as well as ensure their employees are productive. The federal legislation protects both the employee and employer under the Electronic Communications Act (ECPA). When an employee is at work he or she is operating a piece of technology owned by the employer. The employer provides the technology to the employee to conduct business for the company, not for his or her own personal use. The ECPA states an employee is entitled to privacy, but an employer does have the right to monitor employee communications to ensure he or she are conducting business and not placing the company at risk (E-Monitoring in the Workplace, 2006). If an employer discovers an employee is conducting a personal conversation, the employer must stop the surveillance and give the employee privacy. The purpose of workplace communication policies and laws is to protect the interest of the company and its employees. The ECPA is a law that allows...
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...Privacy Laws and Policies Patricia Tabor XCOM/285 June 2, 2012 Mary Laurenzi Privacy Laws and Policies The laws I looked at were somewhat vague, I discovered that each case is different and is dependent on not only whom you work for, but also the individual employee polices of the company. It is fairly clear that most employees feel that have a right to some privacy in the workplace however more and more often this is not the case. Federal and State employees are somewhat protected by the Fourth Amendment’s right to unreasonable search and seizure. According to E-Monitoring (2006) even this line of defense is limited and not clearly defined. The employee must pose a reasonable expectation of privacy and the offence must be highly offensive to any reasonable person. This is where I see trouble for each person is different and what might be objectionable to one might seem reasonable to another. Private-sector employee must look to other pieces of legislation to offer them aid. The Electronic Communications Privacy Act (ECPA) is a piece of legislation put forth by the Federal Government to protect the privacy of employee’s; there are however three major exceptions that can effect an employee’s right to privacy. These exceptions are the provider, the ordinary course of business, and the consent exceptions. The provider exception states that if the equipment or service is provided by the employer than it can be monitored by said employer. The ordinary course of business...
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...think workplace privacy laws and policies about monitoring emails, phone calls, and computer use should be in place within a company. The employer should be sympathetic and open to potential disagreements and questions which the employees may have about the reasons behind the workplace communication privacy laws and policies, including the protection of both the employer and the employees, the regulating state and federals legislations, the compliance expectations, and the potential consequences of non-compliance (Wakefield, 2006). When a company monitors its employees without employees being aware of it, it can bring down company moral and overall productivity. When the employees are aware from the start of employment that they will be monitored and communication privacy laws and policies are in their code of conduct the employees and the company can benefit from the program. The workplace communication laws and policies are viewed as ethical practice to protect the employee and the employer. Company use these laws and policies to monitor misuse of company transmissions such as: emails, internet use, telephones, and computers. Employees in turn need protection from employers who get in the way of employee privacy. Without the use of communication privacy laws and policies, employee may not be aware of what is acceptable use of company equipment. References Axia College of University of Phoenix. (2010). E-Monitoring in the workplace: privacy, legislation...
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...University of Phoenix Privacy Laws and Policies Debate I have looked at both sides of the argument when it comes to communication privacy laws in the workplace. There are some good points to monitoring employees, that I read about such as “using monitoring as a positive aid for training, improving service, ensuring compliance, protecting employees, customers, and so forth, and to assist in fairly evaluating employee performance.” But If I have to choose a side I would go against monitoring employee’s computers, listening in on calls, and video surveillance. I think my biggest concern is the fact that many employers will go too far. There will be no privacy at all for the employee in the workplace, except in the restrooms. I think this total lack of privacy and lack of trust shows an employer has no respect for the employees. Employers need to consider the effect such monitoring has on their employees since employee and employer attitudes about monitoring often diverge. There should be a pretty good battle over this issue, what with so many people being concerned with their privacy, but on the other hand so many companies making big money on software that is used to spy on a companies’ employees. Software manufacturers in 2004 expected the sale of computer monitoring and surveillance software to businesses to increase from $139 million in 2001 to $622 million in 2006 (Wakefield 2004). There aren’t any constitutional or federal laws protecting an employee's...
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...Having worked in transportation and having worked for the Chamber of Commerce in Northeastern Pennsylvania, the position taken of the debate on Communication Laws and Privacy Policies is almost a mute decision. Regrettably the decision would be for employer monitoring. The posts from my fellow classmates in this debate seem strongly one sided and rightfully so. The reasoning and ever growing technology and types of ongoing ways to improve surveillance for monitoring employees simply leaves the debate being for such laws and surveillance. In the first segment of the Electronic Readings “Privacy, Legislation, and Surveillance Software” It mentions the 4th Amendment of the Constitution, “the rights to freedom from unreasonable search and seizure.” The explanation of why this amendment cannot interfere with the rights of employers to protect the interests of their property as well as protecting their investment in their employees. This statement and the exceptions provided by the Electronic Communication Privacy Act leaves little if any room to debate this topic. With companies losing billions of dollars a year in loss of productivity, law suits and sabotage employers have every right to protect their assets. I believe employee monitoring goes deeper than just monitoring employees and the implications of mis-handled information via internet. There have been too many scandals referring to this type of illegal mis-handling such as Wikileaks. If this type of mis-handled information...
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...Privacy Policies and Laws Debate XCOM/285 Essentials of Managerial Communication When thinking about privacy laws and policies, it is safe to clearly state that I am for them. Many people feel that some employers go over board when it comes to this kind of thing but in this age of technology, having privacy polices is not only right it is essential to maintain the respect of the people who work for and with people. There is much evidence that even with privacy policies in place the some employees still use company communications for personal use. There is no clearer evidence of this than that fact the government had to pass laws of privacy laws to protect companies that felt they needed to watch their employee’s use of their communications for any personal use of company communications. These laws were passed so angry employees who were caught using company communications for private things could not go back and sue companies for invasion of their privacy. The ironic part of employees getting upset over what they perceive as an invasion of their privacy is the fact most companies make employees sign privacy agreement policies and then get angry when they get caught breaking them. Privacy policies are not just to protect employers from employees using their communications for private business, but privacy policies are needed to protect companies from viruses that can come in through private emails or...
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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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...Introduction On a broader perspective, privacy can be defined as the state of being away of public attention. However, this meaning can be altered according to specific situation. The difference in the definition arises due to wide range of topics existing in connection with privacy. Some of these topics encompass physical, informational, organizational, spiritual, intellectual matters, etc. Due to the increasing awareness of the people with regards to this concept of privacy, importance was given in preserving as well as protecting the rights of the public. Some laws are enacted to address this concern, but the privacy laws differ in many countries in terms of the scopes and limitation caused by the variations in interpretations. The culture differences and norms among countries, which greatly influence the public’s perception, significantly affect the interpretation of privacy. It is evident, nowadays, that advancement in technology is faster than what was expected. It can also be observed that the technologies invented have contributed substantial improvements in the society as this made the lives of the people easier and better. However, it cannot be denied that it has a negative side that outweighs some of its benefits. In relation to the privacy issue mentioned above, these technological advancements create threats, specifically to the preservation of its users’ privacy. The rapid increase in the number of users can be associated with the increase of information flow...
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...Employee Privacy Report Name COM/285 August 7, 2010 Instructor Employee Privacy Report Introduction The right to privacy is an inherent expectation of all citizens; however, the private citizen should not assume that he or she is afforded the same privacy protections at their place of employment. In fact, employees may find themselves more vulnerable. Other then the constitutional and legal requirements, employers have more latitude when it comes to delving into matters that some employees would otherwise consider personal and private. Therefore, it is important for employees to be aware of his or her privacy rights in the workplace, including policies regarding use of e-mail and Internet. Email and the Internet undoubtedly has revolutionized the way the entire world communicates. The irony is this technology erodes the expectation of privacy because users expose themselves to personal identity theft and it proliferates illegal and malicious activities such as child pornography; harassment; cyber attacks on personal and business networks; and attempts to steal intellectual property. All of this comes with a personal, legal, and financial cost, especially for businesses. Therefore, to protect themselves from legal action and monetary damages, it is necessary for businesses to implement policies that govern the appropriate use of their electronic systems. A Real-World Example of Email use, Internet use, and Privacy policies To demonstrate existing...
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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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...ISSUES – PRIVACY IN THE WORKPLACE How Privacy Issues Affect Businesses How Privacy Issues Affect Businesses The existing economic and business setting implies on-going efforts towards better understanding and dealing with the challenges of the modern era, which are characterized by the crucial need for making changes due to intense competition and ongoing global crisis’. As a rule, privacy rights are established by explicit regulations, laws or rules. Some privacy rights are relevant in the workplace and some don't. And even if there is no particular law, a right to privacy can be based on the legal common law notion of having a "reasonable expectation of privacy”, (Lippke, 1998). For employers and employees in the business industry, privacy concerns have become progressively more widespread in the workplace, and with the increased use of electronic resources, privacy at work is even more compound. Consequently, it is imperative that both supervisors and managers have a fundamental understanding of some of the more common privacy rights and issues that can arise, as well as the restrictions that may apply. Some of the more prevalent privacy issues that employees face are drug testing, email monitoring, personnel records, social security numbers, monitoring and eavesdropping, back-ground screening, and medical records. Because of these issues, there are quite a few areas of human capital management in which privacy rights are recognized. Whether these laws put in place...
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...Privacy Laws and Policies Debate Many employees embark on their employers violating their privacy. Employers are becoming more aggressive on how they screen new potential hires as well as their current employees. Normally employers will conduct criminal background checks, drug testing and sometimes a credit check. The question I am asking is how far is too far? Employees need to become more aware of this situation. Employee privacy laws are limited, which makes it easier for employers to invade workers privacy. Something’s are personal and should remain that way. Therefore I am against communication privacy laws and policies in the workplace. Nothing in life exist with infinity as such I believe employers need to re-evaluate heir approach regarding privacy in the work place and perhaps explore alternative solutions to the problem. There are limits to everything in life and employers’ privacy laws should be no different. For the most part the laws are design to not protect the employee but the employers. Information technology such as computers and internet makes it easier to collect, keep, incorporate, switch ad obtain information and data of a company in a technical manner. Today more companies are wired to the internet and because of this users of the internet are more prone to violations of privacy. In order to restrict access to private information the government enacted privacy laws that enforces the privacy of files communication that is based on the computer. Acts...
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...use, and privacy policies What are the e-mail, Internet use and privacy policies at your job? The e-mail use at my job is that it can’t be used for personal use, but only company business. Internet use at my job is definitely for business use only. At my job I can’t get on it to shop or pay bills, but only for company business. The privacy policy is your own personal information that you allow your company to have, but you still have right’s. The company can not disclose any of your information. The privacy policy can also help protect you against internet fraud, make sure your computer is safe, and also protect you and your personal information. What are the current laws regulating employee e-mails and internet privacy? One law is the at-will law. This law gives an employer the right to relieve an employee of duty with any explanation what so ever. The employer does not need a reason, you can show up for work one day, and they can let you go without any explanation. Another law is when a company does not allow a union in the company. A union can prevent a employee from being relieved of duty without any just cause. With a union there has to be a valid reason for letting an employee go. Employees have constitutional rights to privacy; it cannot be invaded according to the law. Most companies have the right to retrieve your e-mail and internet use. Why do companies implement e-mail and internet use policies? Most companies implement e-mail and internet use policies because...
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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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