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Conclusion on employees rights
Workplace electronic surveillance and privacy issues
Right to privacy in the workplace essay
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Employee Privacy Rights in the Workplace
Imagine you are writing a very personal email to a family relative and you don't want your work buddies to know about it. Well if your employer is reading your email for no particular reason, and one of the computer people just happen to say something that they may have read about someone's personal information, it is then disclosed. Employee privacy rights in the workplace are a very serious issue in today's society. Employee privacy rights in the workplace should be broken down into categories of who should know what about whom. I agree with having privacy act, but at the same time agree that if the viewers there selves aren't pertaining to the rules, and then they should be held responsible for violation of privacy.
Most companies today make employees sign what is called a Privacy Act. One main thing that pertains to this privacy act that is not said word for word is that the employer can look at anything they want and when they want that pertains to you on their company networks. There are a lot of reasons why this is allowed. New Technology today is outstanding on all the things inside a business that they can look at. Computer programs make is possible for the employer to look at exactly you are looking at or writing while you are looking at it or writing what ever you may be writing. Employers are also capable of obtaining phone records and verifying who you may have called, for how long, and sometimes even listen to the conversation. "Employers have not only a moral but a legal obligation to recognize certain employee rights." (Arthur, 1989). With all of this in mind, employers do have certain laws that they must pertain to in order to invade your privacy. Such laws, as the USA Patriot Act, which states individuals are guaranteed access to many government files pertaining to themselves, and the agencies of government that maintain such files are prohibited from disclosing personal information except under court order and certain other limited circumstances.
One thing plays a big effect when dealing with employee privacy rights in the workplace and that is identity theft. Again with the new technology, identity theft can happen very quickly with electronic communication. You can look at personal records at work, while submitting the information to someone else.
Confidentiality has several different levels that include employee, management, and business information. Employee data includes personal identifying information, disability and medical information, etc. Keeping this material confidential is important because the information could lead to criminal activity to include fraud or discrimination; this can result in decreased productivity and affect employee morale. Management information covers impending layoffs, terminations, workplace investigation of employee misconduct, etc. It should go without saying that sensitive data should only be available to management. Lastly, the business portion includes business plans, company forecasts, and special ingredients/recipes, information that would not be readily available to competitors. Employees and managers should receive training on how to properly handle confidential information (Jules Halpern Associates, LLC,
HIPPA (Health Insurance Portability and Accountability Act) was put in place by the Federal Government for several reasons; better portability of health insurance for employees, to prevent fraud and abuse within the healthcare delivery system, and simplification of administrative functions associated with healthcare delivery (McGonigle & Mastrian, 2012). Due to sensitive healthcare information being shared federal regulations were also put into place, resulting in the “Privacy Rule” and “Security Rule”. The Privacy Rule limits the use and disclosure of patient information. The Security Rule protects the patients’ healthcare information from improper use or disclosure, to maintain information integrity, and ensure its availability (McGonigle & Mastrian, 2012). Both regulations apply to protected health information (PHI) which is any form of health information that can be used to identify an individual patient. Practitioners who refer to HIPPA are not referring to the act itself but the “Privacy Rule” and “Security Rule” (McGonigle & Mastrian, 2012). It is extremely important to understand these concepts as a student in the clinical setting and how each hospital enforces these concepts. Before starting at any clinical site there is an extensive orientation about HIPPA regarding what is appropriate and not appropriate when it comes to patient information and the repercussions of violating HIPPA. In this paper I will discuss Akron General’s rules and policies regarding their EHR, PHI, EPHI, and social media.
The right to privacy is something that all Americans have and it is used as defense when people’s privacy is intruded upon. Some corporations have found tricky ways to breach people’s rights to privacy like through social networks, e-mail, sign-up forms for gyms or bank accounts, and more. The right to privacy is a serious matter, it involves all personal information about a person and they have the right to share their information or keep it to themselves. If someone’s right to privacy is breached, they can bring that breach to court as a lawsuit. Henrietta Lacks’s right to privacy was breached when her cells were taken, Facebook breached user privacy rights by
Previously it took a lot of equipment to monitor a person's actions, but now with technology's development and advancement all it requires is a computer. And there are many mediums which can be monitored such as telephones, email, voice mail, and computers.4 People's rights are protected by many laws, but in private businesses there are few laws protecting an individual's rights. 5 As an employee of a company there is an understanding of the amount of monitoring the employer does. The employer has to decide how much monitoring is necessary to satisfy the company needs without damaging the company's employee morale.6 With all the monitoring done by private businesses they are free to violate employee privacy since the Constitution and the Bill of Rights a...
However, the same personal data is being compromised and eroding privacy. Companies have been getting bolder in their attempts to gather, share and sell data. The latest trend is outsourcing data to third party companies for data processing, which can be done at a lower cost. One of the main problems with this approach is that a lot of very sensitive data is being sent, which could be harmful in the wrong hands. Most companies require their customers to "opt-out" to prevent their data from being shared with a company's affiliates. This process requires the customer to explicitly tell the company not to share their data, which is usually in the form of a web site or a survey sent in the mail. These surveys are often thrown away by consumers, so they don't even realize that they're giving the companies a green light to sell and share their data.
Do we really have our privacy rights in the workplace? In today’s society we are so caught up with our rights that we often forget about work rules. If someone goes into my office or someone reads my email I feel violated and deprived of my rights. But the real question is, are these things my own to do with? In all reality if it is a private organization the person who owns the business is the owner of all offices and computers, so in that case you’re just using his stuff.
Privacy and Rights In The Work Place. Houston: University of Houston, College of Business Administration, 1998.
One type of surveillance is employee monitoring. Many employers monitor their workers’ activities for one reason or another. Companies monitor employees using many methods. They may use access panels that requires employees to identify themselves to control entry to various area in the building, allowing them to create a log of employee movements. They may also use software to monitor attendance and work hours. Additionally, many programs allows companies to monitor activities performed on work computers, inspect employee emails, log keystrokes, etc. An emerging methods of employee monitor also include social network and search engine monitoring. Employers can find out who their employees are associated with, as well as other potentially incriminating information. (Ciocchetti)
The privacy of the individual is the most important right. Without privacy, the democratic system that we know would not exist. Privacy is one of the fundamental values on which our country was founded. There are exceptions to privacy rights that are created by the need for defense and security.
A person’s right to privacy is being challenged with the high use of social media such as Facebook and Twitter. What used to be considered part of your personal life is not so personal anymore. When one chooses to share details about ones-self to their friends via a social media, they are not always thinking about the “other” people. The other people could be ones current boss or future employer. Other people could be a school official, your baseball coach, your friends’ mother; you name it the list goes on and on. Recently, a few employers or perspective employers have requested Facebook and other social network log-in information. It is probably a violation of equal employment laws, and there are two senators investigating the practice of requiring job applicants and employees to provide their social network log-in information as a condition of employment.
An example of the pros and cons of privacy in the work place while during the hiring process is in 2012, a company in Maryland decided to ask job seekers to log into personal profiles and search through wall posts. As this is becoming more of trend many creative ways to monitor the posts. Another example within this sector is the athletic program at the University of North Carolina, “Each team must identify at least one coach or administrator who is responsible for having access to and regularly monitoring the content of team member social networking sites and postings”
The right to privacy is our right to keep a domain around us, which includes all those things that are apart of us, such as our body, home, property, thoughts, feelings, secrets and identity. The right to privacy gives us the ability to choose which parts in this domain can be accessed by others, and to control the extent, manner and timing of the use of those parts we choose to disclose (Privacy Concerns 1). “Everyone has the right for his private and family life, his home and his correspondence. There shall be no interference by a public authority with the exercise of this right…” (Privacy concerns 2). In 1998, the Human Rights Act, the act sets out the fundamental rights and freedoms that individuals have, came into force; it incorporated the European Convention on Human Rights, Article 8 which protects the right to private and family life. Was the first time there was a generalized right to privacy recognized by law in this country.
Your livelihood is at stake here and although, for the most part, changes to legislation governing employee rights generally tend to favour employees that isn’t always the case, so be aware that your legal rights and situation as an employee could be subject to change. Your basic rights at work In the UK, your basic rights at work are affected by a) statutory rights which are legal rights based on laws that have been passed by Parliament, and b) your employment contract. However, you must be aware that the employment contract you entered into with your employer cannot take away from you the rights based on laws that have been passed by parliament.
In Australia, Employers should implement best practice on how to maintain privacy in the workplace in accordance with the privacy standards set out in the Australian Privacy Principles (APPs) (Welcome to the Fair Work Ombudsman website. n.d.). Privacy is able to keep our own personal information private and also able to do things without any electronic monitoring in the workplace. Nowadays, many company increased the usage of technology such as internet and email in the workplace. This can create issues in privacy. When employees’ access to web browsing activities during working hours, the employer can be scrutinized it. Employers take this action due to fear lawsuit if employees act in inappropriate ways. Therefore, the best policy is to explain clearly how is appropriate to use email and internet at work and outline what type of use is prohibited in the workplace. Besides that, employer also needs to ensure the employee didn’t disclose or disseminate any important information to the competitors or
But, these laws always changing, depending on the work setting or policies set by any specific organizations. Because there are so many different work environments, each claim of privacy has to be evaluated based on the actual conditions of the workplace (Smith & Burg, 2015). This is why policies must be set according to the CEO needs. If the organization does not allow the use of the internet for any personal use, than the employee must follow such guidelines. This eliminates employee privacy right violations, because the policy will informs them of the monitoring during the hiring