 Case study:

Conflicts over Privacy in the Workplace

There is tension between companies and their employees over privacy in the workplace. Some
companies track employees via company-issued GPS-enabled smart phones and monitor
employees’ behavior through social networking sites such as Face book and Twitter. Currently,
there are no laws preventing companies from monitoring and tracking employees. Companies
believe not monitoring these platforms leaves them vulnerable to misconduct. For instance, the
Internet increased the number of distractions in the workplace, and some employees may spend
up to 30 percent of their time at work using social media sites for non-work purposes. On the
other hand, employees argue they have a right to their privacy. They see tracking as a clear sign
that their employers do not trust them. Another major argument is that employers with access to
employee social media sites or Smartphone might be able to monitor employee activity outside
the workplace. Where is the line drawn on ensuring employees are working appropriately
versus their rights to privacy?
1. Companies should have the right to track employees through company smart phones and
monitor their personal Facebook and Twitter accounts.
2. Employees should be able to maintain their personal privacy and not be tracked through their
company smart phones or their Facebook and Twitter accounts.

 Summary of case:
In this case it is discussed that employers monitor their employees through various
techniques. Because their view is that they monitor for the sake of preventing employees for any
misconduct which can be harmful for their organization. Main cause of monitoring employees is
that employees spend 30 percent of their time at work use internet for non work purposes.

While employees disagree and their view is that they have right of privacy. Employers
should not trace them while they are outside of the organization.

 Solution:
A company cannot exists without their employees because ‘’Employees are the valuable assets of
organization.’’ Treating your employees with respect is not only something they deserve it’s
crucial for a company’s retention efforts. But employers are paying for the time of employees. So
they have right to monitor the employees to avoid any misconduct and for the reasons of security
issues. Employers can legally monitor almost anything an employee does at work as long as the
reason for monitoring is important enough to the business. But there should be defined
boundaries for monitoring employees with respect of privacy.

 Unethical ways of monitoring:

  Monitoring employees in undisclosed:

The number one monitoring practice is considered unethical, and in most cases even illegal, is
‘’monitoring employees without their knowledge or consent’. This practice is considered legal
when employers are suspecting malpractice, and want to catch employees red-handed. However,
if companies simply want to keep an eye on their employees without telling them, they could
face serious consequences.

 Collection of private data of employees:

Most employee monitoring software comes equipped with a screenshot feature, while some of
the more intrusive ones will even allow you to record screen or keystrokes on your employees’
computers. Even though screenshots serve as proof of work, taking them at a wrong time (when
your employees are browsing social media, their bank accounts, etc.) means you would be
collecting personal data you don’t want to have.

 Monitoring employee’s outer surface of Operational hours:

After-hours monitoring has become a bigger issue in the current remote working environment.
It’s not uncommon for employees to use their business laptops for personal matters while they’re
on a break or once their shift is over. If you’re using the monitoring software during these hours,
you could potentially record sensitive personal data that could legally implicate you

 Ethical ways of monitoring:

 Inform employees what and why you are monitoring:

Tell your employees what you’re monitoring and why. Give them the break to proffer
feedback. Share the results of the monitoring with them and, crucially, provide a system by
which they can appeal decisions about their career influenced by the data collected.
Transparency increases employee acceptance rates. Gartner create that only 30% of human
resources were comfortable with their employer monitoring their email. But in the same study,
when an employer shared that they would be monitoring and explained why, more than 50% of
workers reported being comfortable with it.

 Employee monitor with Reverence:

Employees are your most valuable assets. Treating your employees with respect is not only
something they deserve it’s crucial for a company’s retention efforts. If your company does choose
to move ahead with surveillance software in this climate, you need to remind yourself that you are
not the police. You should be monitoring employees not with a raised baton, but with an
outstretched hand.

 Keep an eye on your own systems:

Central to any company’s diversity and inclusion effort is a commitment to eliminating any
discrimination against traditionally marginalized populations. Precisely because they have been
marginalized, those populations tend to occupy more junior roles in an organization — and junior
roles often suffer the most scrutiny. This means that there is a risk of disproportionately shriveling
the very groups a company’s inclusivity efforts are designed to protect, which invites significant
ethical, reputational, and legal risks.
If employee monitoring is being used, it is important that the most junior people are not shriveled
to a greater extent than their managers, or at least not to an extent that places special burdens on
them.

 Acknowledge that efficient workers not always efficient on the job:

These are unique times and it would be wrong both ethically and factually to make decisions about
who is and who is not a good employee or a hard worker based on performance under these
conditions. Some very hard-working and talented employees may be stretched extraordinarily thin
due to a lack of school and child care options, for instance. These are people you want to keep
because, in the long run, they provide a tremendous amount of value. Ensure that your supervisors
take the time to talk to their supervisees when the numbers aren’t what you want them to be. And
again, that conversation should reflect an understanding of the employee’s situation and focus on
creative solutions, not threats.

 Conclusion:

Employers have right to track employees through company smart phones and monitor their
personal Facebook and Twitter accounts. But there are ethical defined boundaries for monitoring
which have explained in the above. Privacy of employees should not be affected due to the
monitoring activities Employees have the right to keep private facts about themselves
confidential and the right to some degree of personal space.

As Potter Stewart:

‘’Privacy is not something that I’M merely entitled to it’s an absolute perquisite’’.