Running Head: Electronic Surveillance Of Employees
Electronic Surveillance of Employees
Cathy D. Brown
Professor:: Anne Dewey-Balzhiser
LEG500- Law, Ethics and Corporate Governance
Date: January 22, 2012
Some would say that workplace privacy rights are non-existent in the private sector.
Workplace surveillance is that employers have a legitimate right to conduct surveillance
for the benefit of themelves, the community at large for purpose such as detection of fraud
and other crimes, the defference of criminality, and in order to comply with laws such as
discrimination and defamation law. A employer can engage in electronic surveillance of its
employees to further protect his her company however, an employer shoud inform
employees that they are subject to monitoring perhaps by setting up a highly visible
surveillance system or distributing to all employees and job applicants copies of a
surveillance policy or both.
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. Some may find that, the ECPA contains
loopholes that facilitate employee monitoring. Court found the company’s electronic
communications policy to be ambiguous and interpreted the ambiguity against employer. The court The policy stated that the company could be review any matters on the
company’s media systems and services at any time, and that all emails and communications
were not to be considered personal or private to employees. The court found the policy
disclosure of employee monitoring insufficient, because it did not inform employees that
the company stored and could retrieve copies of employees’ private web-based emails.
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.
Explain where an employee can reasonably expect to have privacy in the workplace.
Employers have a need to monitor things such as how productive and loyal the individual
is to the corporation (Halbert & Ingulli, 2010). In today’s highly technical society, the
ability to monitor employees at work has increased significantly. As a result, the need to
determine what constitutes appropriate monitoring is discussed regularly. While heavily
debated, there are situations in which an employee can expect to be protected from
violating ones privacy in the workplace. To monitor the after hour activities of an
employee who has filed a worker’s compensation claim, for the purpose of the claim is
considered lawful. But to monitor these activities for no valid reason is considered
unlawful. However, employers have the right to protect their business success, their
finances, their buildings, and all of their equipment. There should be no expectations of
privacy at any workplace by an employee. Most employees are becoming self aware and
frequently increasingly concerned about their privacy on daily basis, as their employers are
constantly monitoring them electronically way more obvious than ever before. Thought,
attempt had been tried to block this sneaking activity, but the number of failures at some
state whom tried to prevent this monitoring activity still failing, as employers always have
some strong various reasons to sneaking into their employee. The only place an employee
should reasonably expect to have privacy is in the restroom area. When you first get hired
by a company all your information regarding your social security, maiden names,
emergency contacts, work...