Lorena Delgadillo
CS 312
Security vs. Privacy: What Should Employers Do?
Balancing workplace security and employee privacy has always been a problem for companies. But how much privacy can employers take away in order to ensure a well secure workplace? What precautions should employers take in order to prevent litigations?
The legal counseling group Nolo in their article “Monitoring Employee Communications” discussed a survey by the Society for Human Resource Management that out of 700 companies, almost 75% of companies monitor their worker’s use of the internet and e-mail, and more than 50% monitor phone calls. But, how much is too much? According to another article by Nolo, “Workplace Searches: Do’s and Don’ts” , employers should only search when it is necessary. Before searching, they must verify that the source of information is a reliable one. Employers must have a policy stating what can be searched and under which circumstances it can occur. Nolo recommends for employers to never conduct random searches since it can cause some insecurity in the employees when being searched for no reason.
Employers can also monitor electronic or internet activity through different ways. Employers can monitor only employee company e-mails as long to as the employees are notified first. Employers can monitor or lower internet usage by placing firewalls or using software that prevent employees access to certain websites or no access to the internet at all.
Employers must make sure that the policies and the enforcement of the bylaws are executed correctly. Employers should have previous knowledge of what laws are already in effect that can protect the employee’s privacy right, such as the ECPA, Fourth Amendement, WireTap Act, and state laws.
Reference:
Nolo.“Workplace Searches: Do’s and Don’ts” Ensuring Privacy
in the Workplace. http://www.nolo.com/article.cfm/ObjectID/5BCD3A97-9B86-4C71-BCE71B96D01C7A60/catID/30960BF5-6C25-44B9-992E83CC50D5B17A/111/259/137/ART/.
Nolo. “Monitoring Employee Communications”Ensuring
Privacy in the Workplace. http://www.nolo.com/article.cfm/ObjectID/751CFB9F-5A4B-48FB-A85BC08E2D9862E5/catID/30960BF5-6C25-44B9-992E83CC50D5B17A/111/259/137/ART/.