Privacy and Abuse Protection Efforts of Businesses
Facts
Many workforces in most nations all over the world are increasingly becoming global. These workforces cooperate, communicate, and link up in multinationals and global marketplaces via web-based applications across countries and territories. The phenomenon of globalization has removed quite a number of differences amongst peoples and nations both in workplaces and in other areas[footnoteRef:2]. However, some questions have been raised on the origins of workplace privacy. For instance, the U.S. (United States) and the E.U. (European Union) have quite a number of differences with regards to workplace privacy. Such kinds of differences bring about significant challenges for an employer whose workforce is global in nature or who manages human resources using technologies and processes that go beyond borders. [2: Determann and Lothar (2011)]
Employers have accessibility to personal data of their workforce. This data might be insightful and so the workforce might want to avoid disclosing this data[footnoteRef:3]. As a result American employers practice quite a number of workplace-related monitoring activities for an even wider range of legitimate reasons. Overall, the right to privacy in the U.S. is based on the reasonable expectation of privacy; an expectation which is based on reasonable views of an individual or the circumstances specific to that situation. Employees in the U.S. expect minimal protection of their privacy in workplaces. American employers frequently remove all shreds of expectations through cautions or notices informing employees that that they are being monitored via training books, in familiarization tours, on employee login flash-screens, network use policies among others1. However, newer technologies are emerging that can monitor employees and catch them by surprise and challenge employers efforts so that the employees are aware of newer technologies. Such new technologies destroy any little expectations that employees have with regards to their privacy rights being upheld and not being watched by any surveillance technology. Therefore, there is a need to look into privacy rights in workplaces and to find and document ways to prevent violations of these rights via surveillance and other methods. [3: Workplace Privacy]
The degree of workers' workplace privacy rights is based on whether they work in the private or public sector. Since constitutional rights largely work to protect individuals against illegal government actions, such state actions must occur for one to invoke a constitutional right. Thus, since the majority of the American workforce is employed in the private sector, the U.S. constitution, particularly the 4th amendment that deals with privacy protection cannot be invoked in email monitoring cases in the private sector3. The constitutions of eight states offer more protection of rights for public employees compared to the U.S. constitution. However, similar to the U.S. constitution, all of these rights protect only public sector workers and offer little protection for those in the private sector except the constitution of the state of California, whose privacy rights clause extends to private employees too.
Issues
Should businesses carry out surveillance activities on their employees? Should they monitor them? If so, what should be the limits of such monitoring activities? Where should we draw the line? According to the United States Office of Technology Assessment, computerized performance monitoring is the gathering, storage, assessment and reporting of data on the productive activities carried out by employees using computers. The act of monitoring employees is a controversial practice that is increasingly becoming common8. The issue of employee monitoring is a grey area in law8.
The law doctrines in use imply that employee monitoring is legal, yet Businesses must monitor their workers to protect themselves and their employees, while concentrating on giving them ethical treatment. Thus, there is a dilemma. According to Bhatt, many businesses are of the opinion that concentrating on people, techniques, and technologies help them to monitor employees and knowledge management. Such an approach, however, will not enable a company to have a competitive edge. For organizations to perform, they must create workplaces where there is maximum transparency and accountability8.
In the late 1990s, the world led by Western nations particularly the U.S. was moving from the industrial age to the information age. At the beginning of the information age, which was characterized by increase in computer companies and internet access and use, employers and business faced challenges of misuse of internet by employees for which the company would be liable. To circumvent such challenges, Frayer noted that employers started using monitoring tools, which allowed them to clandestinely see, record and note almost everything that workers were doing using their computers....
For example, almost all companies doing business on the Internet will have a link disclosing their privacy policy and the steps they will take to ensure the customer's privacy. Privacy matters become an issue because, in order to transact business of the Internet, one is required to enter such personal information as credit card numbers, addresses, emails and personal phone numbers. The vast majority of online businesses will have policy disclosure
Privacy Rules HIPPA Over the years, various regulations have been enacted to ensure increased amounts of protection for the general public. The Health Insurance Portability and Accountability Act (HIPPA) was designed for several different reasons. The most notable include: to ensure that laid off employees are receiving continuous health insurance coverage, prevent fraud / abuse and to protect the privacy of all patients. This is significant, because it created a new
Layne', in December 1994, the Office of the Information and Privacy Commissioner received a compliant that the Vancouver Police Department had taken a decision to block out the faces of those person who were being interviewed by the police in the program, "To Serve and to Protect." The complainant was KF Media Inc., of Vancouver B.C. KF Media Inc. who was the producer of the program, and it generally
Privacy vs. Freedom of Press The right to privacy is more important than the freedom of the press. A great deal of media intrusion is abuse of press freedom by solely aiming to boost circulation by feeding on public interest instead of determining what is in the public's best interest (Skidelsky). Courts have held there is no special privileges on journalists. The right to privacy should be protected by press unless
Similarly, the company e-mail is not intended for personal use. This is no different than expecting an employee to behave in an appropriate fashion while on work property. No employee should be able to use fowl language, be abusive, use substances, etc. while working. I do have some concerns, however, with the above noted companies that eight companies reported they would read and review these electronic transactions if they receive
Privacy of Health Records in the United States: Health Information Privacy in the Correctional Setting The advent of technology both eased the handling of patients' health records by health practitioners and elevated the importance of health information privacy in all health care facilities. According to Goldstein (2014), electronic health records (EHRs) are important in the delivery of patient centered medical care, improving the quality of care offered to patients, and reducing
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