Privacy in the Workplace
The importance of privacy has risen over the years and its handling has become extremely crucial lately. Defaulting organisations have been faced with serious legal actions and thus, companies have taken a higher interest in the conversations of their workforce. However, this effort of the employer aimed at monitoring the activities of workers isn't as smooth as it should be due to the right of the employee to personal privacy.
The right of the workers to workplace privacy has caused several court cases recently, mostly due to the digital revolution of business communication i.e. emails, memos etc. Technological developments have made it possible for all form of digital communication as well as Internet use in the workplace to be placed under surveillance. Although employees have their reservations about this, the employers are protected by the law. However, other actions of the workers like confidential discussions and their private spaces at their offices are given higher privacy allowances. Nonetheless, actions like substance use when detected could lead to addiction tests (Smith & Burg, 2012).
When queries are made over employee workplace privacy rights, it could be very helpful to begin investigating the claims by attempting to answer the question: What really happened? This question is important in order to understand the rights concerned and the precise technology involved in the query. In some cases, general workers might have separate privacy regulations from the isolated workers or the company could be disinterested in the privacy of the workers. In other cases, the company could take the issue of privacy seriously and implement measures like passwords, information classes and even electronic lockboxes.
Furthermore, it is crucial to note that regulations guarding employee privacy are far behind many of the technological advances that are gradually being inducted into the workplace and the present laws often stay out of cases involving electronic privacy. The rapid evolvement of technology has caused several judges to avoid questions over the future of laws in this area. Due to these problems, individual workplace privacy issues have to be thoroughly assessed (Smith & Burg, 2012).
Technology and the Workplace
It has become quite rampant for employees to misuse the available workplace technological facilities. Despite the warnings of the employers, reading news dailies, online shopping and even improper emailing at work still remain the order of the day. Lots of these erring employees erroneously believe their employers are oblivious to their actions.
It has been proved that over a third of medium and large scale organizations keep their workers' email and web actions under surveillance. Equally, about 57% of workers believe employers are right by monitoring their workplace...
Despite obvious worries about this development, surveillance software sales rose from $139 million in 2001 to about $662 million within 5 years. The basis for this are: risk of litigation (68%), security worries (60%), and employee efficiency reasons (45%)(Cox, Goette, & Young, 2005).
Top company personnel and tech experts often have problems with the simplicity and the speed of information transfer. Email, for instance, does not have the features of previous modes of communication like letters and phone calls. This freedom cause less importance to be placed on the content and could lead to private or insulting information being sent. Equally, people should consider the risk of the message being intercepted or diverted which could have dire consequences for the company as well as the workforce (Cox, Goette, & Young, 2005).
Right of Privacy
Government employees might be protected by the constitutional arrangement concerning privacy in the Fourth Amendment, but its level of influence doesn't include private employers and how they relate to their workers. Despite this, there are certain legal provisions for privacy issues e.g. the law against invasion of privacy. For both laws, specifying if the expectations of the employee meet certain standards is the desired objective. Due to the various types of workplaces, each reported privacy issue should be treated based on the nature of the workplace. Things to consider are how long existing spaces and technology has been in use, how well they have been used and how personal effects and knowledge are stored as directed by the employer. Equally, the presence of relevant policy guarding this issue is also considered (Smith & Burg, 2012).
Employer's Policies
Clearly defined policies about employee privacy help quash any sort of personal privacy expectations concerning technology use as it would be foolhardy to continue to trust certain privacy provisions after appropriate information has been passed across to that effect. Factors to take into account include if the company prohibits improper use of the computing and email facilities, if outsiders are…
Employee Privacy Torts Issues relating to employee privacy have been at the forefront of businesses for many years. This has been fuelled by the dynamic workplace which changes constantly and also by employees and employers being more litigation-conscious. Technology has also spurred on employee privacy issues with e-mail and the internet being related to heightened concerns about vulnerability of employers to litigation. Many employers have thus exacerbated their concerns relating to
Employee Privacy Torts History of Employee Privacy Changing Trends of Employee Privacy Impact of Innovative Technology on Employee Privacy Role of Social Media towards Employee Privacy Impact of Changing Community/Society on Employee Privacy Adaptation to the new Environment pertaining to Employee Privacy Employee Monitoring and Surveillance Laws and Employer Policies for Text Messaging and Social Media Electronic Communication Privacy Act Monitoring of Employee Conversations over Telephone & Email Recommendations for creating Effective Policies Future Implications of Employee Privacy As years have passed and
This will prevent visitation to illicit websites such as pornographic and gambling websites; prevent usage of ecommerce sites such as Amazon or Ebay; or to prevent the use of general recreational or social sites such as Facebook and Myspace. Other companies may elect, with all legal protection, to prevent any web navigation beyond those sites which are essential to conducting business. Why do companies implement e-mail and Internet use policies? Most
This could be construed as a part of the atmosphere that exists in the work place. At which point, entity / individual can sue the employer for violating the law, by not properly monitoring their employees' email and internet activities. ("Workplace Privacy and Employee Monitoring" 2010) However, a larger concern that employers have is any email sent to someone by an employee can become a problem for them in the
Employers may unequivocally monitor any message that utilizes company-provided email" (Sherman, 2007, pg. 649). Problems arise when the employer attempts other methods monitoring as Sherman notes; "The law is not clear, however, when an employer accesses an employee's webmail" (Sherman, pg. 649). Similar to the Deal v Spears case, the employer must take certain precautions in order to secure the right of monitoring. Many companies have developed policies and
Employee Privacy The objective of this study is to read the case Deal V. Spears United States Court Of Appeals, Eighth Circuit, 980 F. 2D 1153 (1992) and to answer the questions of whether it is lawful to monitor the telephone conversation of an employee if the employee has given prior consent and to answer if in this case whether Deal give her employer consent in this case? This study will
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