The Important of Privacy and Compliance - Essay Example

The Important of Privacy and Compliance Commentary on Theories Applied in Policy Development The Board of directors from Bio-sport Company seemed concerned that employees using working hours to browse, face-book or socialize with other may negatively influence the performance and future company prosperity. As such, they approached this issue through a relationship lens paying key considerations to the concepts of “moral ecology”. As a result, they asked for a written report from the leadership of the company. The management of the company answered the question on whether they create a limitation on websites visited by an employee on a company provided computer or on a personal computer or tablet during working hours. In addition, it had to review this issue in relation to the basic liberties entitled to community members, the requirements of the ‘just savings principle’, as well as the economic and social inequalities associated with the situation through the analysis. The finding revealed that employees use internet during work if dissatisfied, tired, and looking for other job among other. Therefore, it is essential to ensure conducive working environment. Essentially, the company must come up with policies on how to contain use for social media during working hours but for business purposes only. Commentary on stakeholders Bio-sport Company is located in Ohio United states of America and it specializes on sports nutrition and supplements. For the last decade, the company has performed exemplary in training and equipping sportsmen and women in the region. However, the increased desire of the employees to indulge themselves in Internet and social media sites during working hours raised an alarm. The Board of directors seemed concerned that employees using working hours to browse, face-book or socialize with other may negatively affect the performance and future company prosperity. Secondly, they even became more increasingly concerned about the myriad of privacy issues that appear in the various business publications on regular basis. As a result, they asked for a written report from the leadership of the company, to research thoroughly several aspects of privacy considering cost, operational aspects, and liability perspectives. The aspects cut across the following issues, internet use during working hours and social media. On the side of internet use during the working hours, the management of the company answered the question on whether there be a limitation on websites visited by an employee on a company provided computer or on a personal computer or tablet during working hours. If there is such limitation of why do they exist? Besides, what is the company policy on use of an employees social media outlets for business purposes? The management presented the research and recommendation to the Board of directors based on the summarized federal and state laws and cases as well as the ethical and lens theories applied in the company policy development. In addition to that, the report captured a conclusion remark from the leadership of the Bio-sport company on what they should do in order to mitigate the problem. Essentially, the problem have been increasing over the past few years in companies where employees caught get dismissal before seeking litigation against their former employees. Lastly, the main stakeholders in the report are the Board of directors, the management staff, the employees, the head of departments, the lawyers of the company and other necessary stakeholders such company secretaries. Productivity The widespread of internet use during working hours has raised an alarm in American work places. Employees’ use a lot of time chatting in face-book, accessing the company websites, Twitting and sending emails. Others employees and especially, the ardent sportsmen are found to spent a reasonable time in visiting euro sport or Barclay Premier League websites. A recent extensive based survey of employers and employees to gauge their opinion on internet use during working hours revealed a conflict of interest. The employees claimed that some personal internet use or an email in work place is personal and therefore employers have no right to question. On the other hand, the employers questioned on what basis they should continue to pay the employees for hours used in browsing and face booking. A concerned party will try to ascertain the credibility of the two parties by evaluating on whether they are taking any legal ground on their viewpoints. Secondly, the employees have no right to use company internet to browse. A court ruling on the matter authorizes the employers to monitor and punish those employees found to use internet during working hours. So should there be a limitation on websites visited by an employee on a company provided computer or on a personal computer or tablet during working hours. Legal Provisions The federal and state law on public policy and internet use reveals that employers have a right to invade the employees using internet during working hours. The employees’ privacy can be questioned and legal action taken against them. This can be explained through the seminal based case in Pennsylvania; Smyth .v. the Pillsbury Company which originated from the Federal District of Eastern District of Pennsylvania. In October 1994, Smyth an employee of the Pillsbury Company exchanged some emails with his supervisor through the company website. The emails were alleged to be malicious given that they contained some threats to kill some of the sales staff. The Pillsbury just like any other employer established the matter and upon inquiry, they dismissed Smyth. Smyth rushed to the court and filed a suit claiming that his former employer wrongly discharged him on the grounds that he send unprofessional and inappropriate comment through an email to the employer. Because the employee was at will, his legal case hanged on whether the dismissal violated the public policy and internet use policies in workplaces. On ruling day, the court dismissed the case by stating that defendant filed in stating the claim and therefore, the employer has a right to dismiss him. The ruling was made indicating that the employer did not commit any tort in invading the employee’s privacy and therefore never violated the public policy when he terminated Smyth employment contract. The court made the ruling on the grounds laid on the constitution that there is no reasonable ground on the privacy of email. Smyth continued to challenge the statement by revealing that the company had guaranteed employees that all emails are privileged and confidential. This decision was also arrived based on the balancing of interest test. This test reveals that Smyth did not have any private based interest in the email and therefore the company’s action meant to curtail all unprofessional and unethical interest, which may ruin the reputation of the company. Access The management found out that the above-based case scenario and state or federal laws application reveals that there should be a limitation on website visited by employees on a company provided computer or even in a personal computer or tablet during working hours. Employees are there to serve clients and not to browse. Essentially, a case study on error revealed that most of the employees commit mistakes and errors at that internet use-working hour. The Federal statutory laws, which up to now have not afforded employees privacy, based protection on personal emails or any non –work related internet use substantiated this. The only amendment was made by the Congress in 1986 under the Electronic communication Privacy Act in order to amend policies relating to wiretapping laws. In this amendment, no individual or company should tap employees’ phone conversation with authority from the state department or the caller. However, the Act does not protect employees when using internet or even the e-mails for personal reasons during working hours. It only bar the email based interception within the company or even private premises. The Federal law just like the common based law does not protect the employees’ use of internet during working hours. The employees who are feeling that such actions are private, should not be monitored or barred by the employers are totally mistaken as per the stipulated law. However, the employer should make some licentious effort in providing some policy-based documentaries that can aid the employees not to risk in browsing or face booking during working hours. Networking The Federal law and policies revealed that the employer is not liable if an employee’s uses some email evidence against him however, it is vice-versa. This means that if the employee was aggrieved on certain issue, the employee should not proceed to air grievances through the internet based browsing tool such as face-book unless authorized to do so. The employer will be liable for these internet-based usages during the working hours only under two scenarios. First, if the employer had authorized the employees to be using the internet to send emails during working hours to clients. However, the emails should not be malicious. This will be proved through written document from the employer to the employee. Secondly, the employer will be held liable in case of where the employer replied some inappropriate email activity coupled with failure to take necessary action against the individuals mentioned by the employee. The employers can defend themselves that the employees fail to know that some of the inappropriate emails send during working hours may go to other parties and hence injure them morally. Therefore, the leadership in management found out that the employee would be liable for all operation costs unless stated otherwise by the court. Social Media Social media and networking based websites have totally shifted on how people read, discover and share information. However, this has fundamentally influenced both employees and employers. Employers are currently seeking a legal question on use of these social media in workplaces. The question has not be addressed by the courts or legislators given that they do not have adequate grounds on what extent and time should an employee access face-book, twitter or any other social network source. This report summarizes the legal grounds and policies that arise when the social media intersect between employers, workplaces and the employees. The employer claims that an employee can come to an office at the morning, start browsing, and face booking without caring whether there are several memos to be raised, some creditors should be paid or some transactions need to be posted. Therefore, the report looked into the policies that Bio sport could rely on to mitigate such time wastage by employees. Secondly, what legal ground can the company rely on to win a suit against it and rose by a fired employee. The employer has also claimed that the employees uses the online networks to create some groups found to drive a common interest against certain management staff or company. Some of the popular social media driving Bio-sport and other employers crazy include; face-book, LinkedIn and Twitter. To answer the question about this problem and the policy on use by an employees social media outlets for business purposes, the Management leaders looked into the case and federal laws on social media first. Bio-sport company is on the race to have policies that compel employees from using the social media based network for own business purposes during working hours. However, certain challenges arise from that action. First, there are certain law that bar all companies from accessing personal information about the employees such as password and to monitor own privacy even during working hours. Secondly, employees are currently using false identity and in accurate information about their names and other personal profiles in social media. Therefore, the report critically researched and looked into the policies, which Bio-sport designed to control use of social media in work places, and especially for business based purposes (Larsen and Øystein 2005). Commentary on company provided/supported internet use and social media There are several policies, which Bio-sport Company used on an employee’s social media outlets, and especially those relating to business based purposes. According to the federal laws on employees, disciple and social media based activities; employers are required to create their own social media policies. The employer will be required hold all employees accountable for any behavioral based non-compliance measure. Courts do not have problems in ruling that employers such as Bio-sport company have right to discipline employees using social media outlet in non-business ways such as using social media during working hours. However, the policies should be set as not to violate state laws in those states, which have high lifestyle statutes especially where the social media does not implicate on the business purposes. Bio-sport has devised several policies such as: First, the company has put it in a statement and as a policy that not all employees should browse using the company computers, tablets and other items. Essentially, they should seek permission from the HR department on whether to visit their social media account after work. For that reason, all those planning to face-book should wait until lunch or break time to go out and have some face-book fun. However, the state laws allow staff to be awarded some time for own recreational purposes and especially lunch hours. The Bio-sport management encourages staff to use such breaks for social media purposes. Secondly, the company has decided to put it in a poster that, it is illegal for employees to browse or visit their face-book accounts during working hours. In order to mitigate this problem, all employees are required to switch off their phones during working hour or even leave them to receptionist. However, this policy contravenes the federal law on emergency, which allow all individuals to have their phones on during normal time hours for emergency purposes. Third policy advocates for switching of the internet by IT personnel during working hours but opening it during lunchtime and after work sessions. This reduces time wastages and therefore employees can work maximum without thinking about face-book and Twitter. Essentially, errors are mitigated because the employees are not working while browsing. Moreover, no peer pressure in work place (Larsen and Øystein 2005). Fourth policy involves educating the employees that social media networks are prohibited in the working places. No groups should be formed without authority from the Bio-sport company management. However, the National Labor Relation Board (NLRB) supports the Bio-sport and other company social media policies. However, section 8(a) (1) of the NLRA act state that it is unlawful for the employers to restrain, interfere or coerce employees in the process of exercising their rights such as joining, organizing or forming any social media group for the purpose of collective based bargaining(Larsen and Øystein 2005).. To date, the NLRA act reveals the following social media policies as lawful and therefore Bio-sport Company should implement them: First, it should prohibit employees from making statements that will damage the image of the company or any staff within the organization. Secondly, it should prohibit employees from making any defamatory comment against their employer, director, customers, vendors or partners. Third, the employees should be prohibited from making disrespectful statement that may harm the reputation of the employer; the Bio-sport company. Fourth, the social media policies include; prohibiting employees from using a language that is not appropriate to any client or staff. In addition to that, the policies call for all employees not to reveal any personal based information about the clients or customers to the outsiders. However, the employers such as Bio sport should be aware that it is unlawful to bar employees from discussing terms and conditions of employment. Bio-sport policies on social media and internet use Essentially, the social media policies are vital to both Bio-sport Company and employee. First, there is improved working relationship and performance because the employees do not spend a lot of time in face-book and twitter. Secondly, the output per employee increases because the employees are being utilized to the maximum. In addition to that, the policies relieve employees’ endless litigation costs and liabilities. The employer does not get annoyed and sack some of them because they are working to the maximum. In addition to that, it helps in prosperity of the company because the employees do not leak some of the information to public. They know that some policies do not allow them to do so. Recommendation It is recommended that Bio-sport company to hold team-building forum with the employees about the limitation of using internet during working hours. The company should also publish some posters and pamphlets that educate the staff that no working hours should be spent on non-business based purposes. The posters should define the company scope and time- based schedule on how all employees should undertake daily. This mitigates time wastage and hence high labor productivity. In fact, it is a responsibility of any company to establish and enforce policies that should motivate the employees not to engage in internet use during working hours and secondly how they should use the company hours to the maximum(Larsen and Øystein 2005). We recommend that Bio-sport to set various time break for the employees. This can be substantiated by a survey that was conducted on 3200 employees where 71 percent of them revealed that break times can help them attain highly labor productivity. Secondly, it is recommended that the Bio-sport company to provide more challenging environment for the employees. Employees will be tempted to engage in internet use during working hours if they are not feeling challenged, working for many hours without relaxing, lack of enough incentives based on extra unit outputs or unsatisfied careers hence bored. Competitive salary packages will make employees feel satisfied, avoid such activities like stealing working hours, and look for jobs in internet. Third, on social media policies, the Bio-sport company should move and realign her policies with those of the NLRA act and for the benefit of the company. The policies should be there to improve the image of the company and not to create suits. Essentially, the employer should not use some policies to compel employees’ rights. Essentially, it is recommended that the policies reduce liability and operation cost for the company. Conclusion The report findings were highly use of the internet by employees during working hours. However, there are limitation base measures that can be taken by Bio-sport Company against those using internet during hours. The finding reveals that no federal law that has been developed to help employers sue the employees using internet during working hours. Essentially, the courts rely on case laws to make a decision that the employer had right to dismiss such employees. It is therefore recommended for the congress and other law-instituting bodies to make sure that they make necessary policies that help in mitigating employers’ risks against employees stealing time for internet. Secondly, the Bio-sport policy was found to have made some policies, which helped in containing employees from using the social media outlet for their own business purposes. Works Cited Albrechtslund, Anders, Boersma Kees, Fuchs Christian, and Sandoval Marisol. Internet and Surveillance: The Challenges of Web 2.0 and Social Media. London: Routledge, 2013. Print. Bondarouk, Tanya and Olivas-Lujan Miguel. Social Media in Human Resources Management. London: Emerald Group Publishing, 2013. Print. Clarke, Steve. End User Computing Challenges and Technologies: Emerging Tools and Applications. Philadelphia: IGI Global Snippet, 2008. Print. Cockburn, Tom and Smith Peter. 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