...employees often have conflicting interests in the workplace. One of these conflicting interests concerns the privacy rights and considerations of the employees versus the rights of the employer to monitor the activities of its employees. A relaxed, comfortable workplace promotes good morale but too much comfort can result in a workforce that takes their responsibilities for granted. Achieving a happy medium is the ultimate goal. The development of modern technology has provided employers with increased opportunity to monitor the activities of their employees both on the job and off. Telephone, computers, voice mail, and the internet have provided employers with vehicles that were not available just a decade or so ago. Because of the newness of such devices, regulations and laws governing the use of them are not well developed. As a result, at the present time, employers are enjoying virtually unfettered opportunities to listen, watch, and read most anything and everything that their employees are doing while at work. Some more aggressive employers are even using such devices to do the same in regard to their employees’ private lives as well. In limited cases, some corporations and businesses have enacted policies limiting such interventions by the company but there are very few such companies. The concept of privacy is complicated. What is private for one person may not be for another and when it comes to privacy in the workplace the issue becomes even more complicated. From a...
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...& family 02 Consultation & cooperation in the workplace 03 Use of individual flexibility arrangements 04 A guide for young workers 05 An employer’s guide to employing young workers 06 Gender pay equity Best Practice Guide Workplace privacy 07 Small business & the Fair Work Act 08 Workplace privacy 09 Managing underperformance 10 Effective dispute resolution 11 Improving workplace productivity in bargaining 12 Parental leave Working at best practice Employers should implement best practice when it comes to maintaining privacy in the workplace. It is important for employers, employees and their representatives to know what information may be collected and retained by employers and whether it can be passed on to others. Best practice creates certainty and security for both employers and employees. There is also a checklist to assist with achieving best practice on workplace privacy. This guide illustrates best practice when it comes to workplace privacy. For more specific information regarding your minimum legal obligations and entitlements, contact the organisations listed under the ‘For more information’ section at the end of this guide. This Best Practice Guide explains: what is privacy what is workplace privacy general privacy principles obligations when information is provided to third parties, particularly when given under the Fair Work Act 2009 (FW Act) privacy in relation to email and the internet. Fair Work...
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...Workplace Privacy: Privacy Rights in the Workplace Marisol Cortez National University Legal Aspects of Business I Law 304 Jack B. Hamlin, M.S., J.D. October 23, 2011 Abstract Workplace Privacy: Is an employer issued search of employer issued property to their employees a violation of the employees’ Fourth Amendment right of freedom from unreasonable search and seizure? This paper will examine the decision of the U.S. Supreme Court to the case of City of Ontario v. Jeff Quon that has provided a significant change of the views on workplace privacy law in this country. The majority of U.S. employees believe that it is their constitutional right to have reasonable workplace privacy. However, most U.S. employees are unaware that their constitutional right to privacy is contingent upon the U.S. Constitution’s Fourth Amendment’s rights to freedom from unreasonable search and seizure. This constitutional right is generally applied to state actions and they are at times limited to protecting only federal, state, and municipal employees. Furthermore, this paper will discuss the influences of Fourth Amendment jurisprudence to private sector employment because of the parallel common law standard of “reasonable expectations of privacy” which is the primary piece of the Electronic Communications Privacy Act (ECPA) the federal legislation suggesting employee privacy interest in prohibiting unlawful access and certain disclosures of contents in certain forms of communication...
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...Surveillance Of Employees 1-Explain where an employee can reasonably expect to have privacy in the workplace. As we all know the traffic the "information age" is continuing to explode in a number of ways, which leaves us with the questions about the use and or abuse of these information system networks. One of the main issue and of primary concern is whether the current law provides adequate protection for the employee’s right to privacy in the workplace from threats posed by computer technology, electronic video and sound recording equipment, and databases filled with personal information. I will look at some of the guidelines to privacy in the workplace. Most employee privacy constitutional rights are automatically established and protected by specific labor laws, regulations and certain rules to follow, especially when it pertains to employment. Privacy laws already exist in our society today to protect the one employee privacy of over their personnel records, some other concerns of privacy is the recording and storing of employee personal data, such as medical information and health status, social security numbers, background screenings information, financial and anything that could cause an employee harm. So far there is no specific statute or code that creates the rights to privacy, when there is a discussion on the subject the employer always argues about gaining...
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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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...Is there such a thing as privacy in the workplace? In today’s world of technology the simple answer is no. From the moment you pull into the parking lot, or you walk into the lobby, and often times even in your workspace you are being monitored with surveillance cameras. It often starts even before that, during the hiring process with background checks, character checks, credit checks, viewing of social media profiles, drug testing, inappropriate questions regarding family members, and even psychological screenings. Any of these can throw up a red flag in getting hired, and can even effect your job after if inappropriate material is posted on a media site that presents you in a negative manor. Some financial institutions will not hire you if...
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...Employee Privacy Rights in the Workplace Vicki Puckett COM 120 Allyson Wells October 8, 2006 Do you think that your employee rights entitle you to workplace privacy? Well, think again. The fact is that most employers monitor their employee in one way or another. In the workplace, many employers are violating the privacy rights of their employees by surveillance, genetic testing, and sexual orientation. According to some workplace privacy studies, there is a good chance that your employer is monitoring your internet activities, including the Web pages you read, and messages you read and post in forums, blogs, and chat rooms. Your employer could also be spying on you in several other ways as well. Some may include recording your phone conversations, videotaping your every move within the company, and tracking your location with the company cell phone. Such monitoring is almost entirely unregulated. Therefore, unless company policy specifically states otherwise, your employer may listen, watch and record most of your workplace communications. The rapid growth of workplace monitoring and surveillance technology has far out paced the development of laws that protect worker privacy interests. Modern technology has provided employers with more advanced and effective means of monitoring their employees. As a result, electronic monitoring of employees in the workplace has become far more prevalent in recent years...
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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 the right...
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..."Privacy. There seems to be no legal issue today that cuts so wide a swath through conflicts confronting American society: from AIDS tests to wiretaps, polygraph test to computerized data bases, the common denominator has been whether the right to privacy outweighs other concerns of society…" This quote from Robert Ellis Smith explains, in one sentence, the absolute need to ensure privacy in the workplace. One of the most interesting, yet controversial, areas concerning public personnel is employee privacy. What limits are there to employers’ intrusions into, and control over, employees’ behaviors and personal properties? There are five major areas which trigger privacy matters in the area of public sector employment: background checks, cognizance of off duty conduct and lifestyles, drug testing, workplace searches, and monitoring of workplace activity. Of these five, the fifth area of privacy, monitoring of workplace activity, is the most controversial. The reason for this is the advance of technology. These conflicts open anew the basic questions as to what is private, what is propriety, what legal rights an employee possesses, and what an employee’s obligations and responsibilities are within the sphere of public employment. Privacy has been defined as "the claim of individuals, groups, or institutions to determine for themselves when, how, and to what extent information about them is communicated to others". The privacy claims of employees can vary in terms of the...
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...Explain where an employee can reasonably expect to have privacy in the workplace. Privacy in the workplace is very hard to get. Advancements in technology have been made that allow companies to monitor every aspect of an employee use of their systems. This is very evident if you have a job that involves you to be on the telephones. Companies are able to listen to each phone that is made, see every website that you have visited and read any email you have received. For example, I used to work at AMEX call center, and they were able to monitor each call through a system called N.I.C.E.. Through this system the company was able to monitor my calls for quality control reasons. However, if I made a phone call for personal reasons they were also monitored because they let me know that every call is monitored and it was at my own risk to use their phones to make calls. Also while working on the computers at work they were able to see whatever I saw. Since the employer owns the computer network and the computers, he or she is free to use them to monitor employees. Employees are given some protection from computer and other forms of electronic monitoring under certain circumstances. As far as email goes there are also basically no restrictions to what an employer can do. If an electronic mail (e-mail) system is used at a company, the employer owns it and is allowed to review its contents. Messages sent within the company as well as those that are sent from your computer to...
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...Factual / Analytical Speech Privacy in the workplace Have you heard of arecent incident of a man who made nearly $3 million in less than two years by filing tax returns for other people? He was able to achieve that simply by obtaining people’s information from companies who were more than willing to give it to him in exchange for money. The advent of technology (email and the Internet) has allowed companies to immensely reduce operating costs, speed up most tasks and increase their efficiency. (Allowed companies to immensely reduce operating costs through automation of human tasks, facilitate communication on innumerable levels, clearly increase efficiency in almost all tasks, allow for geographic and other business expansion, and less obviously, even reduced the amount of real estate and inventory that companies require) Among one of the advancements has been an explosion in technology designed to aid employers in monitoring their employees…. It has helped them easily review the workers’ conduct and performance and to ensure that none of their confidential information are being leaked out into public. While this technology can be lauded for the ways in which it has helped business, it also raises a concern that previously did not exist. The issue is that employees come to work with an expectation of a certain degree of privacy and most of the time they are not aware that the company has the right to monitor their every move. The reality is that while at work, except...
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...1. Explain where an employee can reasonably expect to have privacy in the workplace. With the increased use of technology, employers are constantly searching for new means to protect their company, secure their investments, and increase employees’ productivity. Because of this, employees cannot reasonably expect to have privacy within the workplace. Although employees would like privacy in their office, on their computer, and during phone conversations, there is no law legally granting privacy to employees in the workplace. The only place an employee could have a reasonable expectation of privacy is in the restroom. Also, since the employers need to know all employees are providing a proper job, that the workplace place is always secured, also because as the owner of the company he owns the computer network, the terminals and will be the biggest loser if the company fails, he or she is free to monitor employees in order to protect the business and at the same time the employees. Even if employees are sometime given today some minimal protection from computer and other forms of electronic monitoring in the work place, especially through union contract, the Fourth Amendment; or Connecticut, Labor Code Chapter 557 and so on, 92% of all of the US companies still conducting high electronic surveillance in the workplace according to the American Management Association (AMA) report of 2009. For example, personal calls are protected under federal case law. So when an employer...
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...XCOM285 December 21, 2012 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...
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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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...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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