Question

when it comes to crime and privacy protection in the workplace do private employees have a reasonable expectation of privacy? what about public employees?why or why not? what is the test for tort of invasion of privacy? if managements interest is to make sure its employees are productive can management monitor computers workstations phones et cetera? why or why not?

Answer 1

Determining if there was a "fair confidentiality requirement" usually requires a balancing check. Several considerations are weighed, including the policy of the employer and whether workers have been informed of a breach of privacy, whether and how such policy have been applied on a regular basis, the type of privacy right involved, the nature of the business interest of the employer, the nature of the employee's privacy interest, the type of information involved and the extent of interference of the employer.

Federal and state laws explicitly address the right and ability of an employer to track, save, document, access or otherwise control employee usage of electronic communications services and systems in the business. Typically speaking, if an employer follows the notice and consent standards under these laws, and writes and distributes policies that are compliant with the laws, workers may find it difficult to assert a fair presumption of privacy by using company-owned electronic communication systems.

The law protects people from many kinds of harm, including damage to one's personal space and privacy. Infringement of such rights is known as privacy invasion. Privacy infringement was broken down into four distinct groups. The category encompasses a different part of the right to privacy and personal identity, but all of them are aimed at protecting the right 'to remain alone.'

These four categories are: - intrusion into seclusion, - appropriation of name or likeness, - public disclosure of private facts, and - placing a person in a false light.

Employers are usually permitted to track the operation on a workstation or a computer. If the employer controls the computer network and terminals, he or she is free to use them for workplace monitoring. There is technology for your employer to track almost every part of your workstation or device use. There are many methods of monitoring: Computer software can allow employers to see what's on the screen or stored in the terminals and hard drives of the employees. Employers can keep track of the amount of time an employee spends away from the computer or idle time at the terminal. Keystroke monitoring tell an employer how many keystrokes per hour each employee is performing

Most computer monitoring equipment helps employers to track without knowledge of the employees. Some employers may however inform workers that there is supervision. In memos, employee handbooks, union contracts, meetings or on a sticker attached to the device, this information may be transmitted.