Collecting Information on Employees and Prospective Employees

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Recommended: Privacy and Amendments

How much information should be collected on employees and prospective employees? Collecting information presents risks that employers will be faced with when employees commit torts outside the scope of their jobs. Also, not collecting the proper information could result in risks depending on the case. These questions will be analyzed based on collected data and employer actual or constructive knowledge. In order to precisely elaborate about the risk and such, I will look at the employee monitoring at work, Electronic Communications Privacy Act of 1986, and respondeat superior.

In the United States, there is no direct legality of protection of privacy rights. However, the United States Constitution includes what could be defined as protection of privacy rights. There are certain area specifics of privacy that is protected by the Constitution. These are the first, fourth and fifth amendments. The first amendment protects the freedom of religion, speech, the, press, and association. The Fourth Amendment protects against unreasonable search and seizure. The Fifth Amendment protect United States Citizens from self-incrimination.

In this particular case, the firm collects a wide variety of information on its employees. For current employees, the focus is through workplace cameras, monitoring internet traffic through workplace computers, GPS tracking on employer vehicles. Prospective employees are analyzed by pre-employment personality tests and background checks. There are certain guidelines as far as what information can be collected and used against an employer. Focusing more on employer monitoring at the workplace would give a better insight on what can and cannot take place. Further, we will look into the risk that employers c...

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... J.H. "Understanding Respondeat Superior." Daniel J.H. Greenwood. N.p., 04 Dec. 2013. Web. 01 May 2014.

G. (2011, September 27). Technical Support International. Retrieved April 08, 2014, from http://www.tsisupport.com/blog/2011/09/monitoring-internet-traffic-with-sonicwall- gms/

Guerin, L. (n.d.). Workplace Cameras and Surveillance: Rules for Employers. Retrieved April 08, 2014, from http://www.nolo.com/legal-encyclopedia/workplace-cameras-surveillance- -rules-35730.html

Personal Data Protection Act Overview. (2014, February 28). Retrieved April 08, 2014, from http://www.pdpc.gov.sg/personal-data-protection-act/overview

Pittman, J. (n.d.). Chapter one a duty to monitor and intercede. In Employment law for business (3rd ed., p. 21).

Roche, B. (2014). Tort Terms. Retrieved April 08, 2014, from http://www.brienrochelaw.com/tort-law/tort-terms/k/knowledge/

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