BADM 3003

Business Environment &

Ethics
Lecture 12: Privacy
Instructor: Ahmed Hassanein
Hassanein 2018©

Debates
• Debate 1 May 3
• Debate 2 May 7
• Debate 3 May 10*
• Debate 4 May 14

* I will be out of town on May 10. Can we re-

schedule to Tuesday, May 8?

Hassanein 2018©

Privacy
Definition
• To be let alone
• To have control over information about
oneself

So the relevant question is: How

intrusive can an employer be when it
comes to employees’ personal info?
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 On Privacy
Scott McNealy, Chairman & CEO of Sun
Microsystems:

“You have zero privacy

anyway. Get over it!”

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On Privacy
Halle Berry, Actress & Academy Award Winner

“I’m learning to accept the

lack of privacy as the real
downer in my profession”

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On Privacy
Marlon Brando, Actor & Academy Award
Winner

“Privacy is not something that I

am merely entitled to. It’s an
absolute necessity”

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 Privacy
Is invasion of privacy morally wrong?
Why?

Invasion of privacy
1. violates the principle of respect for persons;
2. prevents a person from making a rational choice
as an autonomous being; &
3. diminishes an essential condition for human
being

Hassanein 2018©

Privacy – Employers’ Dilemma

• Public & private employers need to compile
personal information regarding gender, race, age,
handicap status… in order to document compliance
with anti-discrimination laws.
• Workers’ compensation law & occupational health
& safety law also require employers to maintain
extensive medical records for employees.
• “Greater concern with employee rights in matters
of discrimination & occupational health & safety
has had the ironic effect of creating greater
dangers to employee’s right of privacy” (expert)
Hassanein 2018©

Privacy
As a person, one should have the
freedom to shape how (s)he appears to
others and create an identity for oneself.
A machine that continuously registers
involuntary responses denies people the
opportunity to do that.

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 Privacy
Basic Definitions:
Primary use of information: personally
releasing personal information to an
entity for a specific purpose.
Secondary use of information: any
other use of that information (for another
purpose, sharing with another entity…)

Hassanein 2018©

Privacy – Utalitarian
Harm done to employees by invading their
privacy needs to be balanced against benefits
gained by employers & employees
• Harm done due to inaccurate or incomplete
information
• Eavesdropping on telephone calls & hidden
cameras are considered morally wrong
• Impact on job satisfaction; sense of self
worth; trust & respect

Hassanein 2018©

Privacy – Kantian
• Autonomy
Being denied the opportunity of autonomous
activity.
• Respect for persons
Trust is the expectation that others will
behave in a certain way without the need to
check up on them.
• Definition of “intimacy” in a world devoid of
privacy?
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What are your thoughts on?
• Employers checking employees’ social media
accounts?
• Employers checking on employees’ use of internet?
• Use of spyware?
• Use of [hidden] surveillance cameras?
• Employers using psychometric exams for
recruitment & promotion?
• Use of cameras on campus?
• Telephone providers & Google constantly tracking
your location?

Hassanein 2018©

Privacy
An invasion of employee privacy is
justified only if gathered information is
used for the intended purpose by the
individuals who are responsible for
making the relevant decisions

Hassanein 2018©

Employee Privacy – Data Collection Issues

1. Kind of information sought & collected

2. Use to which gathered information can be put
3. Persons within the company with access to
gathered info
4. Disclosure of information to persons outside org
5. Means used to gather info
6. Steps taken to ensure accuracy & completeness of
info
7. Access employees have to info about themselves

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 Privacy – Contractual
Covert searches, secret surveillance & use
of PIs are incompatible with the view of
employment as a contractual relation
(entered into by mutual voluntary consent,
so would not allow employers to collect info
about employees without them knowing).

Hassanein 2018©

Disclosure to Outsiders
• Difference between personal info & other kinds of
corporate records.

• Ownership of company databases not complete for

employers (do not own personal info, & can thus
not share it with outsiders)

• Employees relinquish some right to privacy by

virtue of entering into an employment relation.

Hassanein 2018©

Means Used to Gather Information

• Are less intrusive means of gathering

information available?
• Thoughts on
– Strip searches?
– Random drug tests?
– Searches of lockers & desks?
• vs
– Close monitoring of performance & job-related
attitude

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Accuracy, Completeness & Access
It is only fair that:

• Information is as accurate & complete as possible

• Employees have access to their personnel files so

that are aware of file contents & can challenge
them if they so choose

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Accuracy, Completeness & Access

• Reliability of drug tests

• Reliability of psychometric exams

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Privacy on Internet
• How safe are YOU when you surf the
internet?
• Anonymity
• Information provided overtly vs covertly (e.g.
cookies)
• Utilitarian discussion of cookies
• Cookie Synchronization

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 Privacy on Internet
• Is the internet a public arena or a private
one?
• Loss of privacy as a trade-off; providing
information to enjoy benefits of internet
• What about this as a drawback:
“The system watches what you do; it fits you into a
pattern; the pattern is then fed back to you in the
form of options set by the pattern; the options
reinforce the pattern & the cycle begins anew”

Hassanein 2018©

Principles of Protecting Privacy Online

Three main schools of thought:

1. Dossier society (Big Brother)
2. Personal info as tradable property
3. Balance concerns about privacy with the
growth of the internet as a consumer
marketplace.

Hassanein 2018©

Agreed-Upon Online Privacy Standards

1. Notice/Awareness
Disclose the identity of the collecting party,
info collected, means for collecting it & uses
to which information shall be put

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Agreed-Upon Online Privacy Standards

1. Notice/Awareness
2. Choice/Consent
Provide mechanism to choose whether to
allow info to be collected or not. Explicit
Consent (opt-in) vs “assumed” consent
(opt-out)

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Agreed-Upon Online Privacy Standards

1. Notice/Awareness
2. Choice/Consent
3. Access/Participation
Allow consumers access to collected info &
opportunity to correct/amend

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Agreed-Upon Online Privacy Standards

1. Notice/Awareness
2. Choice/Consent
3. Access/Participation
4. Integrity/Security
Inform users of steps taken to secure data
& action to be taken in case of breach of
security

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Agreed-Upon Online Privacy Standards
1. Notice/Awareness
Issues of:
2. Choice/Consent
Interpretation &
3. Access/Participation Implementation
4. Integrity/Security
5. Enforcement/Redress
Communicate to consumers that company
follows responsible information practices &
that there are serious consequences for
failing to do so
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