Collecting Information on Employees and Prospective Employees

1899 Words4 Pages
bulb-icon

Recommended: Privacy and Amendments

How much information should be collected on employees and prospective employees? Collecting information presents risks that employers will be faced with when employees commit torts outside the scope of their jobs. Also, not collecting the proper information could result in risks depending on the case. These questions will be analyzed based on collected data and employer actual or constructive knowledge. In order to precisely elaborate about the risk and such, I will look at the employee monitoring at work, Electronic Communications Privacy Act of 1986, and respondeat superior.

In the United States, there is no direct legality of protection of privacy rights. However, the United States Constitution includes what could be defined as protection of privacy rights. There are certain area specifics of privacy that is protected by the Constitution. These are the first, fourth and fifth amendments. The first amendment protects the freedom of religion, speech, the, press, and association. The Fourth Amendment protects against unreasonable search and seizure. The Fifth Amendment protect United States Citizens from self-incrimination.

In this particular case, the firm collects a wide variety of information on its employees. For current employees, the focus is through workplace cameras, monitoring internet traffic through workplace computers, GPS tracking on employer vehicles. Prospective employees are analyzed by pre-employment personality tests and background checks. There are certain guidelines as far as what information can be collected and used against an employer. Focusing more on employer monitoring at the workplace would give a better insight on what can and cannot take place. Further, we will look into the risk that employers c...

... middle of paper ...

... J.H. "Understanding Respondeat Superior." Daniel J.H. Greenwood. N.p., 04 Dec. 2013. Web. 01 May 2014.

G. (2011, September 27). Technical Support International. Retrieved April 08, 2014, from http://www.tsisupport.com/blog/2011/09/monitoring-internet-traffic-with-sonicwall- gms/

Guerin, L. (n.d.). Workplace Cameras and Surveillance: Rules for Employers. Retrieved April 08, 2014, from http://www.nolo.com/legal-encyclopedia/workplace-cameras-surveillance- -rules-35730.html

Personal Data Protection Act Overview. (2014, February 28). Retrieved April 08, 2014, from http://www.pdpc.gov.sg/personal-data-protection-act/overview

Pittman, J. (n.d.). Chapter one a duty to monitor and intercede. In Employment law for business (3rd ed., p. 21).

Roche, B. (2014). Tort Terms. Retrieved April 08, 2014, from http://www.brienrochelaw.com/tort-law/tort-terms/k/knowledge/

Show More
Related

  • The Right To Privacy By Robert Bork.

    874 Words  | 2 Pages

    " Various guarantees create zones of privacy. The right of association contained in the penumbra of the First Amendment. The Third Amendment in its prohibition against the quartering of soldiers. The Fourth Amendment explicitly affirms 'the right of the people to be secure in their persons, houses, papers, effects, against unreasonable searches and seizures'. The Fifth Amendment in its Self Incrimination Clause.

    Read More

  • Importance Of The 4th Amendment

    1407 Words  | 3 Pages

    A-58). It also requires “a warrant that specifically describes the place to be searched, the person involved, and suspicious things to be seized” (Goldfield et al. A- 58). The Fourth Amendment protects the privacy of the people by preventing public officials from searching homes or personal belonging without reason. It also determines whether “someone 's privacy is diminished by a governmental search or seizure” (Heritage). This amendment protects citizens from having evidence which was seized illegally “used against the one whose privacy was invaded” (Heritage). This gives police incentive to abide by the Fourth Amendment. The Fourth Amendment protects a person’s privacy “only when a person has a legitimate expectation to privacy” (FindLaw). This means the police cannot search person’s home, briefcase, or purse. The Fourth Amendment also requires there to be certain requirements before a warrant can be issued. The Fourth Amendment requires a warrant “when the police search a home or an office, unless the search must happen immediately, and there is no opportunity to obtain a warrant” (Heritage). The Fourth Amendment protects the privacy of the people, but also the safety of the people. When there is probable cause, a government official can destroy property or subdue a suspect. The Fourth Amendment prevents government officials from harassing the public.

    Read More

  • The Government is Wiretapping You

    1485 Words  | 3 Pages

    Privacy (Pri-va-cy) n.1.the state or condition of being free from being observed or disturbed by other people. Americans fear that technological progress will destroy the concept of privy. The first known use of wiretap was in 1948. It’s no secret that the government watches individuals on a daily bases. According to the constitution, the Fourth Amendment serves to protect the people from unreasonable searches and seizures by the government. Unreasonable is the word that tips the balance On one side is the intrusion on individuals’ Fourth Amendment rights and the other side is legitimate government interests, such as public safety. What we consider reasonable by law, the government might not think so. The word ‘privacy’ seems to be non-existent today in the 21st century; the use and advances of technology have deprived us of our privacy and given the government the authority to wiretap and or intervene in our lives. Our natural rights we’ve strived for since the foundation of this nation are being slashed down left to right when we let the government do as they wish. The government should not be given the authority to intervene without a reasonable cause and or consent of the individual

    Read More

  • Ethics of Tracking Software

    667 Words  | 2 Pages

    ...loyer gives a promise of privacy and that should be respected, if on the other hand, the employer reserves the right to read email or monitor web browsing the worker can be the except those terms or look elsewhere for employment.

    Read More

  • Quit Watching Me!

    804 Words  | 2 Pages

    Attempts to monitor employees have always existed in one form or another, from mechanical keystroke counters in the early part of the century, to the latest innovations in electronic monitoring. As technology advances, so do the monitoring possibilities in the workplace. As result of the endless possibilities in surveillance, anxiety in employee’s increase, which in most cases leads to illnesses. Studies have shown that individuals who are constantly being monitored at work suffer from inevitable effects, the majority being illnesses such as physical, emotional, and mental disorders. Employers feel they have the right to monitor their employees, however when extensive monitoring effects a employees health, then the employers has gone to far. Advance technology has lead to monitoring devices such as via computers, video surveillance, and active badges in the last decade, but as the intensity of the surveillance increases so do the negative effects on the employees.

    Read More

  • Random Drug Testing is Ethical and Necessary

    1164 Words  | 3 Pages

    Job skills and training can even be investigated by the employer. The employee is to perform services and these services must be done in a certain manner. Someone who is incoherent because of drug abuse cannot be a pilot for example. This is why employers can test to see if characteristics or tendencies would affect performance. An employee may not want to give a urine or blood sample. The employee may not want to include all of their references but this is besides the fact that an employer is entitled to them. More and more employers are starting to feel this way. "A 1996 survey by the American Management Association found 81 percent of major U.S. companies had drug-testing programs at that time compared with 78 percent in 1995 and just 22 percent in 1987." (May 2) The employer has a right to only certain information and the line must also be drawn in the procedure to obtain the information.

    Read More

  • Privacy Vs Federalism

    244 Words  | 1 Pages

    When we think of privacy the first thing that pops into an individual’s head is normally independence, or the ability to do what one pleases without someone else controlling the situation. When it comes to the constitution a lot of the amendments have to do with privacy and what can or cannot happen when it comes to invading it. Some may not be familiar, but federalism is a very important fact when referring to privacy rights and the constitution. Currently, this country has a different way of working the federal system. Different laws are applied when it comes to state and the actual national government. Privacy in my eyes, is one of the most important pieces when it comes to rights of the people. Without the system that we have set

    Read More

  • Constitutional Right to Privacy: An Unstated Guarantee

    831 Words  | 2 Pages

    The right to privacy is not clearly stated in the Constitution. Some argue that because it doesn’t state “…the right of privacy from Government…” in the document like the freedom of speech, assembly, and so on that we don’t have a constitutional right to privacy. People will always have different options on an issue, however, disagreeing or not there are consequences for violating Human Rights. Citizens of the United States have a right to privacy from government intrusions, it is proclaimed in the fourth amendment and a number of Supreme Court rulings. In the technological world that we are in today, with almost all of our information being electronically stored, it is very important for every human to feel safe that their information is not being watched or stored somewhere else.

    Read More

  • Employee Surveillance Case Study

    1644 Words  | 4 Pages

    In this assignment, I will explore whether it is ethical for organisations to implement surveillance on its workforce or whether society has the moral right to privacy. In particular, I will reflect on the effects of organisational control and apply my personal experience as a corporate worker. The 21st century has seen a huge transformation in the way society is open to sharing personal information; blurred lines of privacy have meant that organisations are able to legitimise employee monitoring because it is simply seen as a standardised procedure – the norm. Surveillance is defined as “close observation, especially of a suspected spy or criminal” (Oxford Dictionaries, 2017) therefore, do organisations that carry out this activity believe every employee is a potential delinquent? In a modern world where the 1984 phrase “Big brother is watching you” (Orwell, 1949) appears all too familiar, the question remains

    Read More

  • Government Surveillance Pros And Cons

    858 Words  | 2 Pages

    Privacy is a right granted to all American citizens in the Fourth Amendment which states “people have the right to be secure in their persons, houses, papers, and lives against unreasonable search and seizures”. Although our founding fathers could have never predicted the technological advancements we have achieved today, it would be logical to assume that a person's internet and phone data would be considered their effects. This would then make actions such as secretive government surveillance illegal because the surveillance is done so without probable cause and would be considered unreasonable search or seizure. Therefore, access to a citizen’s private information should only be provided using probable cause with the knowledge and consent of those who are being investigated.

    Read More

  • Privacy Essay

    1284 Words  | 3 Pages

    The Bill of Rights, on the other hand, contains certain clauses that protect specific aspects of privacy like the 1st Amendment, privacy

    Read More

  • Importance Of Workplace Monitoring

    1055 Words  | 3 Pages

    Employers can create complex problems when they monitor employees. Should employers be able to monitor their employees? If so, what should they be restricted to monitoring, and do the employees have the right to know that employers are monitoring them. Each of these questions creates a multifaceted response from both the employer’s side, as well as the viewpoint of the employee. (http://www.iiakm.org/ojakm/articles/2013/volume1_2/OJAKM_Volume1_2pp44-55.pdf)

    Read More

  • Privacy Rights

    626 Words  | 2 Pages

    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.

    Read More

  • Facebook: A Modern Privacy Invasion

    1221 Words  | 3 Pages

    Our country was founded on the idea of American’s rights of which includes the implied right to privacy in the Bill of Rights. No one has the

    Read More

  • Should Celebrities Have Their Right to Privacy?

    1573 Words  | 4 Pages

    In September 25, 1789, the First Amendment protects people’s privacy of beliefs without government intrusion. The Fourth Amendment protects one’s person and possessions from unreasonable searches and seizures. On February 1, 1886 in Boyd v. U.S. Supreme Court recognized the protection of privacy interests under the Fourth and Fifth Amendments of the U.S. Constitution. In the 1890s, the legal concept of pr...

    Read More

More about Collecting Information on Employees and Prospective Employees

Open Document