eyes are watching electronic workplace monitoring
Post on 22-Jan-2016
Embed Size (px)
DESCRIPTIONEyes are Watching Electronic Workplace Monitoring. By Nicki Jhabvala Casena Leazer. HISTORY 101 … abridged. Better technology = Greater Communication = More commonly used = Greater need for regulation. HISTORY 101 … abridged. For businesses, regulation is with electronic monitoring. - PowerPoint PPT Presentation
Eyes are Watching Electronic Workplace MonitoringBy Nicki Jhabvala Casena Leazer
HISTORY 101 abridgedBetter technology =Greater Communication = More commonly used = Greater need for regulation
HISTORY 101 abridgedFor businesses, regulation is with electronic monitoring
Forms of Monitoring E-MailsVideo SurveillanceVoice RecordingTelephone Recording; Retrieving VoicemailsGPS TrackingKeystrokesWeb sites visitedTwo-way mirrorsWiggles
A Few NumbersAMA Survey of 526 American Companies
~75% of companies use some form of monitoring60% use software to monitor e-mails and IMs51% monitor time spent on company phones & the number of outgoing calls made51% use video surveillance in the office8% use a GPS system to monitor company car 5% monitor company provided cell phones
Put it Into PerspectiveThose 51% who monitor phone calls yeah, well it used to be only 9% in 2001.And those 51% who use video surveillance was 33% in 2001.26% have fired their employees for misusing internet ouch.
The DebateWhere is the line drawn between an employees right to privacy and an employers right to regulate the company?
Staffers SideSimply working for someone does not give them the right to intrude upon basic human rights and common courtesies.
WHY?(1) Trust: hiring implies mutual trust(2) Personal things: some things an employee may do at work are for personal reasons and, frankly, none of an employers business(3) Necessity: not all forms of monitoring are necessary or relevant to company business(4) Less Restrictive Means: If an employer is trying to foster productivity and maintain company loyalty, there are better ways of going about doing that.(6) Discrimination: acts of retaliation against employees(5) Stress: creates an unpleasant environment at work
Constitutional ProtectionsThe constitutions of 8 statesexplicitly protect privacy and offer greater protection of the rights of public employees than the U.S. Constitution does.However, these documents protect public employees and the protection does not extend to the private sector. Exception: California. It has extended its state constitution's protection of privacy to private AND public employeesIn Short: Not much constitutional protection for employees that is clearly and explicitly stated.
The Boss-mans SideIf an employee is under the umbrella of an employer either by physical location or through use of company equipment, employers have every right to monitor the behavior of its employees.
Why?(1) Electronic Communications Act of 1986 = OVERRULED!Established before internet, so its obsolete(2) Todays Common Law: if you are using anything that is owned by the company, and employee should have no expectations of privacy (3) Prevention & Loyalty: dont want company info from being leaked(4) Keeping Tabs: when theyre on the clock, employees to be doing work(5) Fend off Litigation: explicit proof for when an employee sues an employer(6) Federal Example: if the govt. can do it, I can too
Law is on the Boss-Mans SideCan my employer listen to my phone calls at work?In most instances, YES! Only when all speakers are in California must consent be required for recording.
Law is on the Boss-Mans SideIf I wear a walkie-talkie headset, are my conversations with co-workers subject to monitoring?YES!
Law is on the Boss-Mans SideCan my employer obtain a record of my phone calls?YES!
Law is on the Boss-Mans SideIs my employer allowed to see what is on my terminal while I am working?Generally,YES!An Exception would be Union Contracts where state law doesnt supercede them.
Law is on the Boss-Mans SideIs electronic mail private? What about voice mail?NO!Not if sent or received from a company computer!
Law is on the Boss-Mans SideWhen I delete messages from my terminal, are they still in the system? Yessirreee!
Law is on the Boss-Mans SideMy employer's electronic mail system has an option for marking messages as "private." Are those messages protected? NOPE!
Law is on the Boss-Mans SideWhat about my employer's promises regarding e-mail and other workplace privacy issues. Are they legally binding? Ummm .NO!
Boss-Mans Bottom LineYour purpose at work is to work. Read the company manual and make sure you are not violating any rules because your boss is watching.Your purpose at work is to work. Read the company manual and make sure you are not violating any rules because your boss is watching.
Case Study (2001)An employee was arrested after a co-worker found him looking at pornographic sites at workAfter arrested, company searched his computer files and e-mails and found nude/semi-nude photos of his 10-year-old stepdaughter, which he used to gain access to a child porn site and e-mails he sent to others regarding child pornography Mother of 10-year-old sued the company because she felt they did not do a good job of catching the employees activities earlierMOM WON, Company learned from mistake AKA now uses electronic monitoring
Cramer v. Consolidated FreightwaysConsolidated installed secret video taping and two-way mirrors in bathrooms to catch employees using illegal drugs.Lloyd Cramer and other employees of Consolidated sued for invasion of privacyEmployees and Consolidated part of collective bargaining agreement that covered the uses the employer could make of video cameras to discipline or discharge an employee California prohibits two-way mirror surveillanceCONSOLIDATED LOSTEffect of Case: company contractual agreements are pre-empted by state laws and regulations
So What Can You Tell Ma & Pa ?That your tuition bill is worth every penny
Cause you won some candy in Jeopardy today!
$100 Question from NumbersAccording to the 2005 AMA Survey,the percentage of Americancompanies use some form of monitoring.
$100 Answer from NumbersWhat is 75 percent?
$200 Question from NumbersAccording to the 2005 AMA Survey, this percentage of American businesses monitor company cars with a GPS System.
$200 Answer from NumbersWhat is 8 percent?
$300 Question from NumbersAccording to the 2005 AMA Survey, this percentage of American businesses use video surveillance.
$300 Answer from NumbersWhat is 51 percent?
$400 Question from NumbersAccording to the 2001 AMA survey,this percentage of American businessesused video surveillance.
$400 Answer from NumbersWhat is 33 percent?
$500 Question from NumbersAccording to the 2005 AMA survey,this percentage of American businessesactually fired those employees who misusedthe Internet.
$500 Answer from NumbersWhat is 26 percent?
$100 Question from FormsThis is the most commonly used form of electronic monitoring.
$100 Answer from FormsWhat is e-mail monitoring?
$200 Question from FormsIn Cramer v. Consolidated, thedefendant was accused of using thistype of electronic monitoring.
$200 Answer from FormsWhat is video surveillanceORTwo-way mirrors?
$300 Question from FormsKeeping tabs on an employee in the restroom is often done with this typeof monitoring.
$300 Answer from FormsWhat is video surveillance.
$400 Question from FormsIf you decided to use the company car to takeyour date out to dinner, I could hunt you downwith this form of monitoring.
$400 Answer from FormsWhat is GPS tracking?
$500 Question from FormsIf you called your mommy, I could easilymonitor your call with this.
$500 Answer from FormsWhat is telephone recording?
$100 Question from LawTrue or False: If you was your employer andyou used the companys computer, I couldkeep track of your e-mails from the computer.
$100 Answer from LawWhat is TRUE?
$200 Question from LawThis act was basically useless in terms ofregulating the Internet.
$200 Answer from LawThe Electronic Communications Act
$300 Question from LawTrue or False: If you were my employee, you could sue me for invasion of privacy if I monitored your telephone calls from the companys phone.
$300 Answer from LawWhat is FALSE?
$400 Question from LawTrue or False: Just because your e-mailsare labeled as private, they really arent.
$400 Answer from LawWhat is TRUE?
$500 Question from LawTrue or False: The 8 state constitutions thatexplicitly protect individuals workplaceprivacy generally serve private employees only.
$500 Answer from LawWhat is FALSE?Public only.
$100 Question from EthicsThis is the main argument employees have with electronic monitoring in the workplace.
$100 Answer from EthicsWhat is Privacy?
$200 Question from EthicsTrue or False: Most people are OKwith their employers tallying their trips to the restroom.
$200 Answer from EthicsWhat is Dunno, whatever floats yourboat, I guess.
$300 Question from EthicsTrue or False: Companies believe theyhave a right to maintain control ofbusiness operations.
$300 Answer from EthicsWhat is True?(generally)
$400 Question from EthicsAccording to most employees, beinghired implies this.
$400 Answer from EthicsWhat is trust?
$500 Question from EthicsMonitoring that serves as an act of retaliation against em