Electronic Communications Privacy Act: Advantages from an Employer and Employee Perspective - Research Paper Example

?Contents Contents Introduction 2 Background 2 Current Technology 3 Relationship 4 Benefits to employers and employees 4 Conclusion 5 References 7 Introduction With the evolution of business, especially in the private sector, there have been drastic improvements in the fields of HRM (Human Resource Management), organizational productivity and communication technology. One of the issues that have gained increased attention in recent decades is that of employee monitoring by employers, especially in the face of empirical evidence that has revealed a number of negative effects on employees such as stress, decrease in productivity, etc (Ariss, 2002, 556-557). Therefore, in the below sections, the various aspects of the act responsible for the present situation, the Electronic Communications Privacy Act (ECPA) of 1986 and its benefits on both the employee and the employer are discussed. Background The ECPA is an up gradation of a previous act to control crime through monitoring activities. It is an evolution of the Omnibus Crime Control and Safe Streets Act of 1968. The quick growth of the electronics industry meant that there was also a rapid increase in the modes of communication. While the earlier Act of 1968 catered to telephone and other modes of traditional communication, the newer channels of communication were not covered. Moreover, despite the intense debate surrounding the ECPA act on privacy, one of the main clauses of the act has to do with restricting third parties from intercepting communication. However, the act provides exceptions to employers under two conditions, namely, during the ordinary course of business and through the employee's consent. Despite the broad nature of the Act, it has special implications for the business sector since it affects factors such as IP (Intellectual Property), productivity, employee morale, etc. The Act of 1986 legitimized control by employers over the methods that they were already using since businesses came to depend on computers. For example, during the Regan era, the accepted view was that business must be allowed to choose its own course with respect to employee monitoring (Sipior & Ward, 1995, 50). Current Technology As mentioned in the earlier section, the ECPA act is an evolution of the Omnibus Act of 1968. Although businesses still have a great degree of control over rights to monitor employee activity, the ECPA act has resulted in a number of issues that need to be resolved such as deciding on the optimal degree of control, establishing control structures based on the work cultures of various countries, etc. Firstly, the ECPA was upgraded mainly due to the increase in the modes of electronic communication, especially information transfer through email and more recently social networking sites such as Facebook, etc. The invention of the transistor in the 1950s led to rapid development of computer hardware eventually resulting in a system that resembles the one we use today, that is, the desktop computer. However, the corresponding software namely the operating systems required for the advanced hardware was developed only a few decades later which made widespread use of the personal computer possible. However, the ease with which communication was now possible meant that employees had a greater amount of responsibility in using company infrastructure. Employers resorted to the same degree of control that they had used in the past with respect to voice calls and oral communication. However, the nature of the new technology meant that a great deal of an employee's job was based on using the computer and the internet. Monitoring all computer and email activity has meant that employers were virtually tracking every minute spent by the employee within the office premises. In addition, the adoption of new technology has also made the task of monitoring much easier than before through the use of automated tracking systems, etc. New systems such as CCTVs have also helped companies monitor employee behavior. This has naturally resulted in a greater degree of anxiety among employees. With earlier systems, employees would be aware that they were being monitored; moreover, this was limited to phone tracking, etc. However, the use of new technology has led to constant monitoring which has resulted in a number of both positive and negative effects on both employees and employers such as protection of IP rights, invasion of privacy of the employee, etc (Mishra & Crampton, 1998, sec. 3). Therefore, despite the need for employers to monitor employee activity, it is obvious that a solution to the current problem demands a multidimensional perspective that caters to the need of both the stakeholders (Nash, 2009, 163-164). Relationship Benefits to employers and employees Research on organizational productivity and employee behavior throughout the 20th century, especially during the later part resulted in an increased amount of responsibility on each employee as opposed to a fixed amount as in the earlier part of the century. Coupled with advancements in technology, this implied that the actions of individual employees had significant implications on the organization. Therefore, by monitoring the actions of employees, organizations are able to safeguard against those activities that threaten its security. Hence, this is more of a necessity in today's environment rather than an advantage. In addition, today’s business environment has become highly competitive due to factors such as globalization leading to the entry of private enterprises from various geographical locations within a given market. This implies that organizations are always on the lookout for competitive advantages. Moreover, it is critical for organizations to establish strategic competitive advantages. In view of this requirement, the protection of IP rights is extremely important and the ECPA significantly assists in fulfilling this. Therefore, companies are able to sustain strategic competitive advantages when they are gained in the technical arena through the use of the ECPA. There are a number of other effects that increase the organizational productivity such as by reducing the use of company resources for personal use, by decreasing the wastage of resources that are not used by the employees and hence the company, by eliminating legal problems that arise out of employee misbehavior, etc On the other hand, there are a number of benefits to employees as well. The use of computers has percolated to every field and corporation of every size. However, every employee who uses these systems might not be aware of the responsibility that they have. Brief familiarization sessions are less likely to prove successful in the short term. On the other hand, clear communication of guidelines for usage and appropriate monitoring will ensure that the employees become comfortable in using the various communication and information systems. In fact, a lack of expectation of privacy will lead to appropriate use of company resources. It will also deter unethical employees from disturbing the work culture of the company (Komando, n.d, sec. 5). Conclusion The above sections establish the multidimensional nature of the ECPA Act. Although, it is clearly necessary for an organization to monitor some aspects of employee behavior, especially communication, overdoing might result in adverse effects. The present Act is similar to previous ones that allow employers significant amount of rights in exercising monitoring activities. There are a number of benefits to employees as well; however, these result only when the monitoring policy is implemented carefully and in a restricted manner. In addition, the policy must be supplemented with initiatives such as knowledge sessions, demonstrations, etc so that the main objectives of the ECPA act within the business sector, that is those related to security, are achieved (Weckert, 2005, 114). References Ariss, Sonny. S (2002) Computer monitoring: benefits and pitfalls facing management. Information & Management. Volume 39, Issue 7, Pages 553-558. Komando, Kim (n.d). Why you need a company policy on Internet use. Retrieved from Mishra, Jitendra M & Crampton, Suzanne M (1998) Employee monitoring: privacy in the workplace? SAM Advanced Management Journal. Volume: v63 Source Issue: n3. Nash, Jonathan, R (2009) Workplace Privacy: Proceedings of the New York University 58th Annual Conference on Labor. The Netherlands: Kluwer Law International. Sipior, Janice. C & Ward, Burke T (1995) The ethical and legal quandary of email privacy. Communications of the ACM Volume 38 Issue 12 p48-55. Weckert, John (2005) Electronic monitoring in the workplace: controversies and solutions. USA: Idea Group Inc (IGI). Read More