EMPLOYEE PRIVACY

EMPLOYEE : 

EMPLOYEE

GENERAL INTRODUCTION : 

GENERAL INTRODUCTION Employee Privacy is a much debated issue in the current technologically advanced workplace scenario. An employee is a direct representative of the company and his/her actions have a direct reflection on the employer's brand, reputation and image in the marketplace. Companies are most frequently judged upon the quality, integrity and character of their employees.

DEFINITION : 

DEFINITION Employee privacy can be defined as the “right of the individual to control the dissemination of information about oneself”. It can also be stated as “Freedom for employees from unauthorized intrusion from employers” In the US context Employee Privacy is widely understood as “the general right of the individual to be let alone”

Areas of Attention For Employees : 

Areas of Attention For Employees The employees are mainly considered about the following factors regarding their Privacy, Kind of information that is collected and retained Usage of information Extent to which the information can be disclosed to others Freedom at workplace

REASONS FOR MONITORING THE EMPLOYEES : 

REASONS FOR MONITORING THE EMPLOYEES Employee may send confidential information or corporate trade secrets Employers are liable for e-mail or Internet related activities of employees. Obligation of employers to provide discrimination free work environment. Maintaining employee productivity Violation of copyright or other property rights by employees

Ethical Dilemma In Employee Privacy : 

Ethical Dilemma In Employee Privacy Difficulty in maintaining a proper balance between the common good and personal freedom , between the legitimate business needs of the organization and a worker’s feeling of dignity and worth.

EMPLOYEE PRIVACY VIOLATION : 

EMPLOYEE PRIVACY VIOLATION Recruitment and Selection Electronic monitoring ex: Truth phones, Pocket recording pens etc., Computer based monitoring ex: Event Logging, email scanning, Keystroke monitoring etc., Drug Test

Laws Protecting Employee Privacy : 

Laws Protecting Employee Privacy UK Human Rights Act-1998 Data Protection Act-1998 US Fourth Amendment to US Constitution The Fourth Amendment provides “the right of people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures ." Right to Privacy in the Workplace Act

Laws Protecting Employee Privacy : 

Laws Protecting Employee Privacy EUROPE European Convention on Human Rights INDIAN LAWS No Specific legislation pertaining to data protection and privacy has been enacted in India. However, there exist components of data protection and privacy regime in India, namely:  (a) Constitution of India  (b) Judgments of the Honorable Supreme Court of India

Steps To Be Taken By Employee : 

Steps To Be Taken By Employee Know the Company’s written policy Limit personal surfing to times outside office hours Use own e-mail account instead of company’s for personal conduct at work. Total abstinence is best, in case there is any doubt in personal Internet policy If it comes for Privacy there is nothing of such sort in workplace

Recommendations For The Employers : 

Recommendations For The Employers Collect data directly from the employers Do not maintain secret file on individuals Collect only job related information that is relevant for specific decisions Maintain records of individuals or organizations who have a regular access Periodically allow employees the right to inspect information stored on them Gain assurance from the outside parties regarding the usage of the information

Cases Related To Employee Privacy : 

Cases Related To Employee Privacy Chevron case Nissan case Pillsbury case

Recommendations For Setting Up Fair Information Practice : 

Recommendations For Setting Up Fair Information Practice Set up guidelines and Policies to protect information in organization Inform employees of the information handling policies Become familiar with State and Federal laws regarding Privacy Establish a policy stating that employees cannot waive their rights to Privacy Person who violate the privacy principles should be subjected to termination Allow employees to authorize disclosure of personal information

Conclusion : 

Conclusion The Employer and Employee must arrive at a consensus to benefit both the sides and hence enhance the organizational growth