Employee Rights to Privacy at the Workplace - Essay Example

Employee Rights to Privacy at the Workplace Introduction Advancement in technology has brought about several inventions that can both make or break an organization in terms of productivity. Like the over-intended use of any invention has negative impact, the same goes for the work place savvy technology that is in place for faster and more efficient transfer of information and messages. The issues of privacy at workplace started off with the use of telephones at the workplace for communication. Mainly meant to achieve the purpose of having employees interact with each other as well as with the outside counterparts, after much debate it was deemed acceptable for employees to use the office phones for personal use, as long as it did not affect workplace efficiency (Gant 127). Body Faster communication, efficient paper-less correspondence, and least costly for the employers, the internet was made a regular feature of the work environment within no time. Internet was not limited to e-mail correspondence too. Organizational Researchers would go online to gather information about competitors, maintain an online presence, and interact with the customers for feedback and suggestions. It has become imperative in today’s day and age to maintain an online presence, thus the initial e-mail correspondence limitation was replaced with round-the-clock internet connectivity at workplace. This gave birth to a new management issue; Ensuring that the employees do not engage in useless surfing while at work (Smith 40). Social networking has gotten almost everyone hooked onto remaining connected with close ones at all times. It is indeed a complex situation to be in as far as managing such a workforce is concerned. Employee monitoring and surveillance goes as far as fixation of cameras behind every desk and installing devices that determine the rate of wiggling on a chair, and whether it breaches the basic employee privacy protection rights, is another debate altogether (Ciocchetti 2). Since our topic is narrowed down to two major technological facilities at workplace, the telephone and the internet, clarifying the two mediums of communications and the purpose they are meant to achieve, needs to discussed first. The Telephone, like mentioned earlier, is a basis of fast and cost effective vocal communication from and within the workplace. A lot of thought went into allowing personal calls to be made and it was declared acceptable after sometime. However, cameras installed at workplaces are likely to bring into light any employee who is idling on the phone excessively. The employers are expected to trust the employees not to indulge in inappropriate activities on the phone and, thus, they generally refrain from overhearing or recording calls. This practice is not applicable to every organization due to the difference in nature of work for each. Where small advertising firms can have their employees talking about campaign designs, the central bank of any country can have its employees disclosing important information of policy changes that were discussed in a meeting. The latter will try to hamper such leak of confidential information by making it known to their employees that all phone calls are strictly screened and monitored. The internet, however, is a completely different ballgame. Transfer of information can be discreet and quicker, employees could indulge in cyber stalking which could lead to any form of harassment and a downfall in productivity, using of resources for activities that may bring a bad name to the organization like illegal downloading, embezzlement etc., the possibilities are endless. In a world where every organization goes head to head with each other on the maximum utilization of available resources, the focus has shifted from overall performance to hourly productivity. This means that organizations require their employees to refrain from activities that bring down their productivity level by wasting time (Kesan 289). On the other hand, it is important that the employees are made to feel secure and at ease at workplace. If they are made to feel under strict surveillance and restricted they are bound to either feel bored at work or retaliate by not giving their 100% at work leading to resentment from both sides, proving to be harmful for the organization. Thus, the point clarified through the above discussion is that there is a thin line between employer’s concern for efficiency and employees breach of privacy. Both the parties need to understand their limits and the other’s right. The employers are the ones investing towards the resources. Negative utilization and resource unproductively can lead to the whole organization’s loss. So it is only fair that they monitor resource efficiency and employees are a part of human resources. The employers also need to realize that the employees are human beings who have a natural need to be able to let off some heat. Every person has a different way of doing so, one might like to spend seconds between work checking social networking updates and the other might prefer taking time out after work. Nonetheless both need a certain level of privacy to be made to feel comfortable. If they feel the camera’s eyes behind them or know that their phones are being tapped, they are sure to feel dejected at work. That being said, the employees should also realize that the organization is investing in them, and expect their efficiency for the utmost productivity. They shouldn’t make it a habit to indulge in socializing over the internet, doing random surfing chatting etc. If both the employers and employees are clear about these rights and duties, the technology will fulfill its purpose of benefitting the organization. However, all does not end here. Neither is there a hard and fast law to ensure that the employers do not go overboard with their monitoring nor can it be ensured that the employees will try their best to contribute 100% with all the distractions available. This brings us to the current topic under discussion, whether intruding in employee’s privacy is acceptable. The issue of employee privacy has been brought up by workforces all over the world. There are laws governing the extent to which such an action is allowed, in other words, employee rights. However, the application of these laws depends upon whether the organization is a public sector one or a private sector. In the US, the fourth amendment does protect employee privacy (Miller 201) but that too is restricted to employer’s intention for breach and relevance. The government is not allowed to conduct unreasonable searches of their employees, these laws allow employers to retrieve employee communication on solid suspicion grounds and that has been challenged in many cases, bring in light the actual application of the employee rights act for the private sector. These laws are not binding for non-governmental organizations but employees consider it to be so. Thus, it is the private sector that has the most employee privacy issues. Electronic monitoring has been in force for quite some time now. Physical searches and seizures only take place when significant suspicion proof is present with the employer. Electronic monitoring or email pick up softwares are of two kinds. The full program reports details like the sender’s name, receiver’s name, time taken to write and read the email etc. The less-detailed program just gives the sender and receiver’s name along with the time sent. The implementation of either kind of software depends upon the organizations management style. The Electronic Communications Privacy Act (ECPA) in the United States constitution restricts intentional interception of any electronic communication. This Act too, comes with three exceptions. The providers exception maintains that the employee has the right to look into the use of his resources as he is the one providing it. The ordinary business course exception maintains that surveillance as a routine business operation feature is acceptable. Last, the consent exception says that employees can be monitored as long as the employer has their consent. The best way for organizations to protect themselves from any breach of privacy claim is to have a written policy of consent from the employees. This is the most reliable way to ensure that the employees know that they are under surveillance and they do not have 100% privacy. The instructions should be clear and updated regularly to avoid any chances of a privacy case. Employees’ expectations of privacy should be kept minimal by formulating a policy with the help of an employment law attorney that covers all communication monitoring for business related matters only. In this way a balance between employee needs and employers concern can be achieved. Even though the law is mostly on the employer’s side, a peaceful workplace is dependent upon the level of comfort of the workforce. Another measure that can help reduce privacy dissonance is by imposing a company owned email system. This will ensure that the just the business communication is monitored without disrupting employee privacy. Rules governing these systems should be made such that the employees are well aware that the emails sent are being scrutinized and feel reluctant in using it for personal correspondence. The employers are justified in having a concern for their work efficiency and business correspondence. However, the lines between private and business correspondence have been blurred because of technological devices that is issued by the employers like laptops, smart phones etc. These serve as a motivational tool for the employees and allow them to work from almost anywhere. But it also makes it hard for the employers to classify communication as business and non-business increasing the chances of a privacy lawsuit. Secondly, technology is advancing at a rate that makes it hard to have a standard monitoring procedure in place; the communication method is becoming more discreet, fast and efficient with each passing day. The employee privacy breach lawsuits have increased as a result of the growing notion that the employees have a right over the company’s assets and their use too. However, frequent and updated communication regarding the lack of or non-existence of workplace privacy tends to do away with such thoughts in the employee’s minds. Several web avenues like websites, video sites, movie downloads ,and chatting have caused many disputes between the employers and employees but the major concern nowadays is the growing trend, which has also become a need, of social networks. Social networking sites like Facebook and Twitter can be used positively at workplace to stay in touch with colleagues, making plans, discussing work etc. But, in many instances, employers who have had a concern about their employee’s inappropriate behavior, statement or picture on a social network, has landed them in a serious breach of privacy lawsuit (Sprague 1). The employers claim that the employees are a representative of an organization and what they portray about themselves reflects on the organization. The employees stand their stance by maintaining that their private and professional lives are different and should not be a concern to the employers as long as it does not affect their productivity at work. Both the parties here are right in their place, but what is important is that a balance is maintained in privacy. The employers can prohibit the use of social networking sites at work and the employees can make use of other methods to maintain friendly relations with the colleagues. Conclusion The uncertainty of the law governing employee privacy brings this argument to the conclusion that in order for the employees and employers to protect themselves from legal issues, they should be vigilant themselves. The employers should communicate their information access rights to the employees clearly so that they don’t expect privacy in the first place. The employees should understand that the employers will tolerate their personal use of the company’s resources to an extent only and the law will not always support them in privacy breach claims. If both the parties understand this, the workplace will be an ideal one with clear employer rights and adequate provision of employee privacy, resulting in increased productivity and workplace efficiency. Works Cited Ciocchetti, Corey A. "Monitoring employee e-mail: Efficient workplaces vs. employee privacy." Duke Law and Technology Review 2001.0026 (2001). Gant, Diana, and Sara Kiesler. "Blurring the boundaries: cell phones, mobility, and the line between work and personal life." Wireless world. Springer London, 2002. 121-131. Kesan, Jay. "Cyber-Working or Cyber-Shirking?: A First Principles Examination of Electronic Privacy in the Workplace." (2001). Miller, David A. "Mandatory Urinalysis Testing and the Privacy Rights of Subject Employees: Toward a General Rule of Legality Under the Fourth Amendment." U. Pitt. L. Rev. 48 (1986): 201. Smith, William P., and Filiz Tabak. "Monitoring employee e-mails: Is there any room for privacy?." The Academy of Management Perspectives 23.4 (2009): 33-48. Sprague, Robert. "Invasion of the Social Networks: Blurring the Line Between Personal Life and the Employment Relationship." U. Louisville L. Rev. 50 (2011): 1. Read More