E-mail Privacy Rights In Business
I. Abstract
How far we have come in such a small time. When you think that the personal computer was invented in the early 1980's and by the end of the millennium, several households have two PC's, it is an astonishing growth rate. And, when you consider business, I can look around the office and see that a lot of the cubicles contain more than one PC. It is astonishing to me that such an item has taken control over the information technology arena like personal computers. Consider, however, the items that go along with personal computers: printers; modems; telephone lines for your modem; scanners; the software; online access; and lets not forget, e-mail addresses.
E-mail, or electronic
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Among these dangers is privacy, in particular, what legal rights corporations and employees have in keeping their communications private. This paper will introduce the current legislation in this area, the expectation of privacy an employee should have, any court decisions that provide additional ruling, and what a corporation can do to prevent litigation in these matters.
II. Employees Expectation of Privacy in e-mail
As an e-mail systems manager, I was under the impression that since the company owns the electronic messaging system, the company could view the contents of any employees e-mail account at any time. I was only partially right. The explanation of the current law will describe this in detail, but, the employee does have a certain right to privacy where e-mail is concerned.
Arguably, a company's most valuable asset is it's data. In the age of technological marvels, it is easier to create more valuable data and, on the other hand, that data is more easily retrievable, especially by persons not authorized to obtain the data. Employees of companies can expect a certain right of privacy granted by three main sources: (1) The United States Constitution; (2) Federal Statutes (The Electronic Communications Privacy Act of 1986); and (3) State Statutes (many of which have not addressed the issue).
The United States Constitution provides a limited group of employees with privacy safeguards. The safeguards are based
Did you know that 58% of employers have fired workers for Internet and email misuse? And 48% justify employee video monitoring as an effort to “counter theft and violence?” According to the “2007 Electronic Monitoring & Surveillance Survey” of which 304 U.S. companies participated in, computer-monitoring results have led to the highest cause of employee termination. These companies used several tactics to eavesdrop on employees while claiming to be managing productivity or for security purposes. Some argue that surveillance is absolutely necessary to help protect and grow a business; others argue that employee and customer rights come first. However, companies that use such tactics often violate the privacy of individuals, exploit their private information and even punish those that do not conform to their standards.
Most people's private information is no longer kept at home, rather on company servers. A law was passed in 1986 Electronic Communications Privacy Act (ECPA). This law was supposed to protect people’s privacy, but since this law is so outdated, it did the complete opposite and allowed them the treasure trove of
As human beings and citizens of the world, everyone values their privacy. It is a right that is often looked over and taken for granted by most. Since the beginning of time, there have been concerns about individuals’ rights to privacy and their personal information remaining confidential. Our founding fathers had concerns about this which is why, “…this right has developed into
* In today’s world of fast-developing technology, in which the click of mouse can dispense a plethora of information, privacy for job seekers and employees is a significant issue. One type of privacy issue in the workplace occurs when a company gathers or circulates private or personal information about employees or candidates for employment.
This section of the employee handbook is provided as a guideline for employees to understand the company policy and procedures regarding privacy in the workplace. While this section cannot address every possible scenario that may occur, the general policy will serve as a basis of understanding the key workplace issues and employee privacy. This section addresses privacy issues related to personal background information, off-work activities, and the corporate policy on the use of electronic monitoring. These privacy policies are designed to both provide a clear guideline for employees on the difference between job related and personal privacy. The policies are designed to create a standard set of
The issue of privacy is a big concern in the workplace. With the expanding of new technology, many employees are concern about his or, her privacy in the workplace. Employees have the right to go to work knowing that his or, her employer will not invade their privacy. The rights to privacy in the workplace only provide limited protection for workers against monitoring and breach of confidentiality. The National Work Rights Institute states, under the federal law, "the limited protection the Electronic Communication Privacy Act of 1986 provides to employees' has been reduced because the statue has been outdated."
Usage of personal technologies – Employee may not use its own personal e-mail or social media accounts for transmitting business related
Due to the innovation and use of technology today, private information of an individual is easier to locate than in prior years. The use of technology daily has enabled neighbors, employers, law officials, investigators and any person whom inquires private information of another person. One use of technology
All Americans expect some form of privacy in places such as their home or vehicle, as many assume that it is a basic civil liberty. However, the Constitution does not make any explicit mention to the right of privacy. As cases arises concerning a person’s right to privacy, the Supreme Court has a major decision to determine if Americans are guaranteed the right to privacy. The Supreme Court has made six landmark case decisions concerning the right of privacy. Throughout my essay, I will analyze and explain if the constitution guarantees the right of privacy, describe six landmark cases addressing this issue, and support my argument that that the right of privacy will be expanded in the future.
This technique must be in accordance with the guidelines and regulation of AFL-CIO. For establishments’ email policies, the National Labor Relations Board (NLRB) published significant and governing policies. Communication Workers of America and Purple Communications, which is AFL-CIO, the National Labor Relation Board depicted that the establishment’s email access which is granted to the workforces, the workforces can utilize this access of system for non-business purposes; however, within the depicted reach. As per this regulation of NLRB the proprietors must assess their existing policies and manufacture the forthcoming policies accordingly. Businesses must position assessments which the subordinate must provide the access to and to what degree. To be consistent with the guidelines of Purple Communication which is AFL-CIO the proprietors must examine their existing technology and mailing system and the monitoring polices additionally. If any proprietor aspires to limit the access it must be followed by the appropriate explanations and rationales. (Katz. M. and Austen, J.,
I. Employees have complete expectation of privacy since they can select their password for in-house and remote access of e-mails. II. A subpoena is required by the employer to read any e-mail that is clearly marked “confidential” by the employee. III. No expectation of privacy exists over an employer-owned computer system at work. IV. Statement by the employer that e-mails are confidential and privileged cannot be later used by an employer to defeat an employee’s claim of privacy
The second scenario is “After being disciplined for criticizing a customer in an email (sent from his personal email account on a company compute), Joe threatens to sue the company for invasion of privacy. In this case the company was right in disciplining Joe, because he not only used the company’s computer to possible damage a relationship with a customer, but he tried to cover it up by using his personal email address. The whole problem with this is that he used the company computer to access his personal email, which opens his personal email up to be monitored when utilizing the company’s network/wifi. Also, with his law suit, it has been proven that when utilizing the company owned material, you are subject to surveillance. A good example is in the text with Michael A. Smyth v. The Pillsbury Company. The judge found that the company had a write to access the email because during surveillance, there was proof of wrong doing that could potentially
The legality of monitoring e-mail in the workplace is not a clear cut situation. The law on the subject of employers ' right to employee e-mails evolves as fast as the speed of technology these days. Federal law prohibits the unauthorized capture of electronic communications. If this law is violated, persons are subject to civil and criminal penalties. However, when electronic communications are downloaded to any company 's computer, the electronic communication is subject to control by the employer.
The article “Little brother is watching you” by Miriam Schulman is an informative article that speaks of workplace privacy, specifically the monitoring software “Little Brother”. This program allows employers to access anything that their employees are accessing at work using company technology. This software allows employers to access intimate, and private information that is accessed at work. In this day and age, we live in a world where it’s impossible to “turn off” your work life, you are expected to check emails and answer calls whether they are on the clock or not. Miriam argues the case that if an employee writes a letter to their boyfriend on their lunch break with a pen and paper that is property of the company, does the employer have the right to open and read that letter?
As technology grows and information has become a critical asset companies currently are devoted their resource and money to protect their data as important as their finance and human resource assets.