EMPLOYEE PRIVACY RIGHTS

EMPLOYEE PRIVACY RIGHTS

PRIVACY ACT Privacy-is the right to be let alone and to control the conditions under which information pertaining to you is collected, used and disseminated. Purpose of the Privacy Act: is to balance the Government's need to maintain information about individuals with the rights of the individual to be protected against unwarranted invasions of their privacy.

Core Requirements: Privacy Act • Limitations on the collection, use and dissemination of personally identifiable information about an individual. • Disclosure restrictions to third parties. • Access and amendments rights of the individuals who are subjects of the files. • Notification to the public of collections of information on them (forms and web sites), and record systems (Federal Register Privacy System Notice. Secret records on individuals cannot be maintained. • Maintenance requirements: • Is the information relevant and necessary? • Is the information accurate, timely, and complete? • Is the information from the subject? • Is there a notice addressing the purpose and use of the information? • Are safeguards in place to protect the integrity of the information?

The Impact? The Privacy Impact Assessment (PIA): is a checklist now required by the E-Government Act of 2002 that should be used when designing and developing a new or amended information system that contains information on individuals. The purpose of the PIA is to ensure that privacy protections and Privacy Act requirements are considered in information systems. PIAs should be considered with new electronic information collections from the public, collections of information from websites, creation of new databases or amendments of others, and use of new technology that may impact individuals.

Freedom Of Information Act of 1966: Freedom of Information Act (FOIA):, as amended, represents the implementation of freedom of information legislation in the United States. It was signed into law by President Lyndon B. Johnson on September 6, 1966, and went into effect the following year. (Public Law 89-554, 80 Stat. 383; Amended 1996, 2002, 2007) Functions: This act allows for the full or partial disclosure of previously unreleased information and documents controlled by the United States Government. The Act defines agency records subject to disclosure, outlines mandatory disclosure procedures and grants nine exemptions to the statute.

The Right of Privacy • Is a common-law cause of action that is a recent legal development. The U.S. Constitution contains no direct references to the right of privacy, although the Fourth Ammendment states: • "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated..." • An action for invasion of privacy is actually comprised of four distinct torts (legal wrongs). These are: • intrusion upon seclusion; appropriation of name or likeness; • publicity given to private life; and • publicity placing the person in a false light. • To sue successfully for invasion of privacy, a plaintiff only has to prove one of the four torts, not all of the four torts. • The right of privacy competes with the freedom of the press as well as the interest of the public in the free dissemination of news and information, and these permanent public interests must be considered when placing the necessary limitations upon the right of privacy. The First Amendment states: • "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press..."

Intrusion Upon Seclusion Definition: One who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, is subject to liability for invasion of privacy, if the intrusion would be highly offensive to a reasonable person. To be liable for intrusion upon seclusion, the plaintiff must prove the following elements: 1. Invasion of a secluded place or privacy: the Defendant must invade the Plaintiff's personal or private space. The definition of this invasion is very broad. Invasion may be: by physical intrusion into a place where the plaintiff has secluded himself. by use of the defendant's senses to oversee or overhear the plaintiff's private affairs (such as eavesdropping or spying with a telescope), or some other form of investigation or examination into plaintiff's private concerns (such as illegally obtaining someone's credit report). 2. Objectionable intrusion: the intrusion must be of a type that would be highly offensive to the ordinary reasonable person. 3. Invasion of private affairs or matters: the interference with the plaintiff's privacy must be substantial (however, if the event reported occurs in public, there is no expectation of privacy). Examples of intrusion upon privacy include placing microphones or cameras in someone's bedroom or hacking into their computer.

Employee monitoring: Privacy in the Workplace Employee privacy has become a controversial issue in the field of Human Resource management as employers have more technologies available to monitor telephones, computer terminals, and voice mail. This privacy issue has been fueled by the increased use of a variety of electronic monitoring systems.

Employee Monitoring:Electronic monitoring Electronic monitoring:is defined as "the computerized collection, storage, analysis, and reporting of information about employees' productive activities" "Currently, as many as 26 million workers in the United States are monitored in their jobs, and this number will increase as computers are used more and more within companies and as the cost of these monitoring systems goes down" Of those monitored, 10 million have their work evaluated and pay based on the data collected. "By the end of the decade, as many as 30 million people may be constantly monitored in their jobs"

Managers Types of: Monitoring Systems Some of the most commonly used are: Computer Monitoring, which measures employee keystroke speed and accuracy; Video Surveillance, which detects employee theft, horseplay, and safety. Spying, which uses detective techniques, when there is suspicious activity within the workplace. Eavesdropping and Phone Tapping, which track incoming, outgoing, and the frequency of employee phone calls. The Active Badge System, which tracks an employee's location within the workplace.

Monitoring Systems: Other Various Types Various types of employee monitoring systems are used today in American workplaces. For example, mandatory drug testing, criminal background checks, and a battery of psychological assessments are almost commonplace. In addition to these pre-employment screenings, computer monitoring, video surveillance, spying, eavesdropping, investigators posing as employees, undercover operatives, personal information shared with co-workers, telephone taps, and active badges are among the most common monitoring techniques.

Employee Monitoring System: Advantages Advantages for Employees: It is objective. Providing feedback to employees on their work performance. Provide more flexibility in work locations and work hours by allowing employees to telecommute or use "flextime" system.

Employee Monitoring System: Disadvantages Disadvantages for Employees: The issue of privacy. The question of fairness in how the monitoring is implemented. Pressures and stressors have also been considered a major contributor to employee psychological and physical health complaints. Erodes their sense of dignity and frustrates their efforts to do high-quality work by a single-minded emphasis on speed and other purely quantitative measurements.

Advantages for Employers Monitoring gives managers a clear picture of who are hard workers and who are unproductive. Many business owners feel they have no other choice in order to keep up with their competitors. employers feel that they have a right and a responsibility to protect their legitimate business interests through the use of electronic monitoring. Electronic monitoring can also be used to enhance safety and protect employer and employee property. Believe they should be able to monitor employees for signs of wrongdoing since the employer is ultimately responsible for many actions of its employees.

Disadvantages for Employers Stress levels and Job dissatisfaction increase when workers feel they have no control over their jobs and when there is a lack of trust in the work environment. Monitoring can discourage workers from working towards team and organizational goals or from helping co-workers achieve organizational goals. Question remains as to whether the statistics that employers gather are an accurate representation of an employee's ability and performance.

Electronic Communications Privacy Act of 1986 (ECPA) The Electronic Communications Privacy Act of 1986 (ECPA), which is an amendment to the Omnibus Crime Control and Safe Streets Act of 1968 (commonly known as the "wiretap law"). The primary law that applies to this subject. This law governs third-party interceptions of electronic communications, which means that the ECPA makes it illegal for any person to intentionally intercept, access, or disclose any wire, oral or electronic communication. The ECPA prohibits third parties, the government, police or individuals from accessing or disclosing e-mail without proper authorization, such as obtaining a search warrant or prior consent from the user or recipient.

Two major exceptions to the ECPA Provide employers with broad rights to monitor employees. An employer may monitor employee conversations if (1) they occur during the ordinary course of business, or (2) with the employee's implied consent. Under the "business exclusion exemption," an employer may monitor phone calls in an employer-supplied telephone system by attaching a device supplied by the employer. Under this provision, the courts examine whether a reasonable business justification exists for the monitoring, whether the employee was informed about the employer's right to monitor, and whether the employer acted consistently.

Workplace Conduct Rules & Regulations Certain workplace conduct rules and regulations that should be followed no matter the political climate or the area in which the work site is located. Most companies have a policy manual that spells out the rules and regulations expected of employees. The Golden Rule: of "do unto others as you would have them do unto you," can be used as a guide to acceptable behavior in the workplace.

Workplace Conduct Rules and Regulations: Other Basic Ones Stay Straight Employee Theft Follow the Chain Individual Rights No Smoking Rules Governing Romantic Relationships Misconduct Outside the Workplace

EMPLOYEE PRIVACY RIGHTS