Preview

Employee Privacy Rights in the Workplace

Better Essays
Open Document
Open Document
1450 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Employee Privacy Rights in the Workplace
The issue of privacy is a big concern in the workplace. With the expanding of new technology, many employees are concern about his or, her privacy in the workplace. Employees have the right to go to work knowing that his or, her employer will not invade their privacy. The rights to privacy in the workplace only provide limited protection for workers against monitoring and breach of confidentiality. The National Work Rights Institute states, under the federal law, "the limited protection the Electronic Communication Privacy Act of 1986 provides to employees ' has been reduced because the statue has been outdated." Electronic monitoring has seen a tremendous growth in the workplace, in the past 10 years. The National Work Rights Institute states, "Prior to 1980, electronic monitoring was virtually unknown. Electronic monitoring was introduced into the workplace in the twentieth century for the use of bathroom breaks and measuring hand eye movements." Employers now use monitoring to listening to telephone calls and computer monitoring, such as email and internet use. While this monitoring is now important in the workplace, it is very invading to the employees, because an employer can monitor an employee activity in the workplace without his or, her knowledge. The National Work Rights Institute, under the federal law ¶1 states, "the only relevant federal legislation to protect employee privacy is the Omnibus Crime Control and Safe Street Act of 1968 as amended by the Electronic Communication Privacy Act of 1986". The law is to protect employees against unlawful monitoring While monitoring has been around for many years, employees think monitoring poses a bigger threat to his or, her privacy in the workplace. Even though it is understandable that employers want to gain productivity and minimize losses, but this can be done without being invasive to the employees ' privacy rights. So, employers are using a strategy, such as monitoring to ensure productivity in the


References: American Medical Association. (2005, March 07). Patient confidentiality. Retrieved September 28, 2006, from http://www.ama-assn.org/ama/pub/category/4610.html Martucci, C. W., & Place, M. J. (Summer 1998). Privacy rights and employee communication in the workplace. Employment Relations Today (Wiley), 25 (2), 12, 109-120. Retrieved September 22, 2006, from EBSCOhost database Microsoft Office Online.(2006). Manage confidentiality in the workplace. Retrieved October 3, 2006, from http://office..microsoft.com/en_us/fx011454411033.aspx Privacy Rights Clearinghouse. (2006, February). Employee monitoring: Is their privacy in the workplace? Retrieved September 22, 2006, from http://www.privacyrights.org/fs/fs7-work.htm The National Workrights Institute. Electronic monitoring in the workplace. Retrieved September 29, 2006, from http://www.workrights.org/issue_electronic/em_legislative_brief.html

You May Also Find These Documents Helpful

  • Good Essays

    Technology has allowed employers to be able to monitor their employees without being present or standing over the employees while they perform their tasks. Employers can monitor their activities through cameras and listening devices. Organizations are also recording…

    • 729 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    John's Case

    • 358 Words
    • 2 Pages

    Employee’s privacy rights in the workplace depend on whether they work in the public sector or private sector. Because constitutional rights operate primarily to protect citizens from the government1 state action is required before a citizen can invoke a constitutional right. Therefore, since most…

    • 358 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    There are only a few exceptions to the law in regards to a company monitoring their employee’s use of Internet or phone usage while on company time. One of these exceptions is called the “ordinary course of business”, it is stated that under this exception “the employer may monitor employee communications to ensure such legitimate business objectives as assuring quality control”(Nord, G.D., McCubbins, T., Horn Norn, J.; August 2006/Vol. 49, no.8).…

    • 384 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Employees have a reasonable expectation of privacy within the workplace; however there are circumstances when an employer has a legitimate right to monitor, investigate, and review the activities of its employees. The following identifies business practices that may be executed to ensure the integrity of company products and property, workplace safety, and the monitoring of employee productivity.…

    • 1493 Words
    • 7 Pages
    Powerful Essays
  • Powerful Essays

    References: Bennett-Alexander, D.D., & Hartman, L.P. (2004). The Right to Privacy and Other Protections from Employer Intrusions. _Employment Law for Business_ (4th). New York: McGraw Hill. (Original work published 1995)…

    • 1519 Words
    • 6 Pages
    Powerful Essays
  • Satisfactory Essays

    Xcom/285 Privacy Laws

    • 321 Words
    • 2 Pages

    In times like today a company needs to know what is going on within itself. This means that having access to computers, email, mobile devices along with monitoring systems in the work place. Some of my fellow classmates to not agree with some of the practices but per our reading in Workplace Privacy it stays that “Under the “ordinary course of business” exemption, for example, employers may monitor email communications if the employer can show a legitimate business purpose for doing so” (Friedman, Reed, 2007). If employees know that they are being closely watched it decreases the chances of them not working or cheating the company.…

    • 321 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    however there are circumstances when an employer has a legitimate right to monitor, investigate, and review the activities of its employees. The following identifies business practices that may be enacted to ensure the integrity of company products and property, workplace safety, and the monitoring of employee productivity.…

    • 1411 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    The idea of employee rights involves many complex issues. An employee’s right to a workplace free of discrimination and harmful environmental factors is obvious. Yet, other issues surrounding privacy, personal expression, and communication monitoring are not as clear-cut. While employees may feel that they have the right to express their opinions and use business communications while working, not only may they be fooling themselves but they are acting in a way that is unethical. While businesses do not have the right to control employee behaviors outside of the workplace, they do have the right to monitor and control communications and employee actions during paid time. As such, employees have the right to reasonable expectations in terms of communication, yet cannot (within limits) ethically demand a right to privacy, private communication, or personal expression while they are utilizing business property or on business time. Workplace privacy has been a hot issue in the last decade, as more and more workplaces incorporate email and Internet-use into the office environment. Many employees now use email and the Internet daily, not to mention the telephone (Nord, McCubbins, & Nord, 2006). With high volumes of communicatio…

    • 917 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Hansson, Sven Ove, and Elin Palm. The Ethics of Workplace Privacy. Germany: Peter Lang, 2005.…

    • 697 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Syllabus

    • 1217 Words
    • 5 Pages

    In recent history, there has been an influx in controversy regarding e-mail, Internet usage, and overall privacy policies in the workplace. Because of the extensive increase of personal e-mail, smartphones, social media, and other Internet-based communications, the need for laws that govern privacy for the users of these communications is crucial. These policies are usually implemented to ensure security and to reduce liability. This report will show examples of privacy issues, laws, and experiences in the workplace.…

    • 1217 Words
    • 5 Pages
    Better Essays
  • Good Essays

    There is much debate over what employers should and should not be able to do when it comes to monitoring the communications of individuals under their employment. There are those who feel that the rights of the individual are not limited to protection from the Government and employers have limited rights in regards to employee communication. There those that feel that the employer should have very little to no restraint in monitoring those under their employment. Going too far in either the employers or employee position can create an unproductive and unrealistic standard for a working environment. Employers must be able to create and maintain both a productive and safe working environment from their employees. However this does not mean employees should be subject to unreasonable and intrusive monitoring practices by their employer. Communication privacy laws and workplace policies should be carefully crafted to provided balanced protection both the interest of employer and employee.…

    • 735 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Privacy Law Affect

    • 309 Words
    • 2 Pages

    Q.2. How will a privacy law affect an organization like RWW? What other laws also affect privacy in the workplace?…

    • 309 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Negative Message

    • 285 Words
    • 2 Pages

    As you know, we notified all employees last month by memo that computer use will be monitored and should be limited to work related projects. We have taken a step further in this regard to inform that employee personal blogs have also been included in the monitoring system with immediate effect. Please be advised, before implementing these new policies, we worked with our legal team to ensure that the policies and penalties were both, fair and legal.…

    • 285 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Employer monitoring of electronic mail constitutes an emerging area of the law that is clearly unsettled at this point in time. This iBrief demonstrates that the privacy rights of non public-sector employees are relatively unprotected by the federal and state constitutions, broad judicial interpretations of enacted privacy legislation favor legitimate employer-monitoring practices, and many of the elements of common law claims are difficult for employees to prove. INTRODUCTION ¶1 Employee use of electronic mail (e-mail) during business hours is a common characteristic of the 21st century American workplace.…

    • 4077 Words
    • 17 Pages
    Powerful Essays
  • Good Essays

    Employee Monitoring

    • 564 Words
    • 3 Pages

    In addition to Internet and email monitoring, there are numerous other ways employers can observe the daily activities of their employees. Many employers are resorting to methods of supervision that enable them to monitor not only the quality of work by the employees, but also the quantity of work. Technological surveillance has become commonplace among today's workforce, regardless of whether employees are even aware of the surveillance. Types of employee monitoring that are progressively on the rise include: auditory surveillance such as recording and reviewing telephone conversations and voice mail, and oral exchanges that are transmitted by means other than telephonic. Video and digital cameras, and global positioning satellites monitor visual and physical activities. With a remarkable decrease in cost and increase of accessibility, employers are finding it easier than even to keep a watchful eye on their employees. And as long as said activities are monitored in accordance to law, these types of observations are legal. The technology can however, make it very easy for those doing the monitoring to…

    • 564 Words
    • 3 Pages
    Good Essays