Employee Privacy Report Running head: EMPLOYEE PRIVACY REPORT

Employee Privacy Report Ana Chanez University of Phoenix COM/285 Business Communications October 15, 2009

Employee Privacy Report Employee Privacy Report The need for businesses and organizations to access the internet has brought about several concerns regarding employee privacy while emailing and surfing the internet at the workplace. Each employee is given access to company issued computers and equipment, and consider his individual email messages and internet browsing to be private. In most organizations, security controls, such as passwords, are used to ensure privacy; however, the internet systems managers still have access to employees activities. Employees usually do not realize that these security measures are intended to prevent unauthorized access to his computer and files, not to invoke control over the employees. Policy Implementation Organizations can review the following guidelines when developing or improving the companys existing policies: Policies should be properly discussed and reviewed with management and employees. Policies should specify what activities will not be tolerated within the workplace.

Policies should specify what accessed information is kept in a log and who in the chain of command will have access to this log.

Proper computer and internet security policies should be set in place and reviewed with all employees and management.

Policies should address how the organization will be monitoring employee compliance with these policies.

Regular review of stated policies will allow the organization to make the necessary changes to keep pace with our quickly evolving technology.

Employee Privacy Report Consultation and Appropriate Use Meeting with employees and staff may be useful in developing privacy policies; encouraging an understanding of what information employees may need to search the internet for. This should decrease the chances of a misunderstanding between employees and management on what is legitimate use of email and the internet. Individual organizations have a responsibility to determine what is considered

appropriate use of the internet. By implementing a policy that all internet and email activity must be work-related, employees may not understand exactly what this entails; essentially leaving the policy open to potential wide interpretation. Previously stated guidelines and policies should specify what personal use is permitted and what appropriate communication is between employees and outside companies. Certain activities are always prohibited; harassment, defamation, disclosure of classified information or the transmission of pornography. The issue of appropriate internet use is often harder to clarify; determining what web pages are relevant sometimes cannot be done without reviewing the sites. Management can work with employees regarding what work related internet use is acceptable. Laws and Regulations Many states have laws outlawing particular privacy violations. For example, some states prohibit employers from considering an applicants arrest records, require employers to notify workers when they listen in to a workers telephone conversation, or prohibit employers from using particular surveillance techniques, like a two-way mirror or video camera, in areas like restrooms and locker rooms. Some state constitutions contain an explicit right to privacy and some apply this right to private employers as well as state governments. If youre faced with this kind of claim, courts will generally sort it out by weighing two competing concerns. On the one

Employee Privacy Report

hand, the court will consider the employees legitimate expectations of privacy that is, whether the worker reasonably believed that the area you intruded on (a locker, email, or off-duty conduct, for example) was private, and the reasons for those beliefs. On the other hand, the court will look at the reasons for the intrusion for example, whether the employer had a legitimate, job-related reason for searching or monitoring, and whether the employer could have gathered the same information in a less intrusive way. The court will decide the case by weighing these competing concerns. No single federal law lays out comprehensive rules on privacy. However, there are some privacy guidelines for employers. For example, the Fair Credit Reporting Act requires employers to get written consent from an employee or applicant before reviewing that persons credit report. The Employee Polygraph Protection Act generally prohibits employers from subjecting their workers to lie detector tests. In addition, the National Labor Relations Act prohibits employers from monitoring a workers union activity, including off-the job meetings. Workplace policies should refer to any relevant legislation; the Privacy Act, the Freedom of Information Act, and the Employee Privacy Act. Established in 1974, the Privacy Act protects records that can be retrieved by personal identifiers such as a name, social security number, or other identifying number or symbol (2009, U.S. Department of Health and Human Services). The Freedom of Information Act addresses the issue of privatization (2007, New Media and the Law), and the Employee Privacy Act considers how you handle the information you work with, and what measures you need to take to safeguard the personal information that you have about others in your possession (2009, US Department of the Interior).

Employee Privacy Report What Is Monitored? E-mail, internet browsing, and even telephone conversation are commonly monitored. There are numerous programs and monitoring techniques afforded to employers, but if not implemented correctly through monitoring policies, these programs can be unlawful and have a negative effect by diminish employee morale, increase work stress, and thus decreasing employee productivity. Employee Privacy Expectations Most employees do not expect to have to completely sacrifice their privacy in the workplace. Most organizations give employees an office or cubicle and necessary lockable cabinets, along with computer and internet access with storage space for personal and work related files; this information is normally protected by a password created by the individual

employee. These unique passwords allow employees access to their files, email accounts and the internet. Conclusion Organizations are strongly encouraged to provide an employee environment where individuals privacy and communications are respected as long as the employees do not disobey the established company policies. Balancing the legitimate interests of the organizations with that of the staff is sometimes difficult and may vary by different organizations. Policy or practice which does not reinforce full understanding of the companys value on employee privacy in the workplace is not conducive to a trustworthy work environment and may result in negative employee morale.

Employee Privacy Report References Confusion in the courts. New Media & the Law 31, No. 3 (Summer 2007): 10-12. Academic Search Complete. Retrieved September 02, 2009 from EBSCOhost database. U.S. Department of Health and Human Services. Washington, D.C. Retrieved September 02, 2009 from http://www.hhs.gov/foia/privacy/index/html U.S. Department of the Interior. Washington, D.C. Retrieved September 02, 2009 from http://www.doiu.nbc.gov/orientation/privacy_act2.html