Electronic Surveillance of Employees Essay
Law, Ethics, and Corporate Governance – LEG 500
January 22, 2012
1. Explain where an employee can reasonably expect to have privacy in the workplace.
Privacy has become an extremely important part of American culture. Privacy is freedom from unsanctioned intrusion (American Heritage Dictionary). It is an implied right based on the Fourth, Fifth, and Ninth Amendments of the Constitution (August, et al., 2001). Employees believe that an employer has no business prying into their private life, even at work. Many others believe that employers don't have any excuse to monitor them. For many years, there has been an ongoing fight between employers and …show more content…
Upon thorough thinking about open office and enclosed office, and also considering several laws, reading through various cases where judgments have favored the employer’s surveillance practices, to me it makes no difference when it comes to employee privacy. The Electronic Communication Privacy Act of 1986 (EPCA) is a statue that offers little privacy protection in communications to employees. However, there are many loopholes which can facilitate employer monitoring of employees. Employers are permitted to monitor networks for business purposes and employers can monitor based on consent by notifying the employee that he can be monitored. Uniquely, people who work for the public or government employees have some protections by the Fourth Amendment. Government employees can have reasonable expectation of privacy in his desk or file cabinets. But the government still has the right to perform searches that serve interest in promoting efficiency within the operation of the workspace. An employer is legally well equipped to have complete surveillance on his premises whether it is open or enclosed office.
Several people might think, that it makes a difference if an employee is in an open area versus being in an enclosed office where specifically pertaining to