Electronic Privacy and Due Process

Paper Summary:

Which is more important: an organization's legitimate right to conduct and protect its business operations or employees' rights to privacy? This paper shows that organizations are focused on guaranteeing work production, protecting against fraud, theft, harassment and other crimes, and maintaining or increasing workplace productivity. Employees are concerned about their ability to maintain the confidentiality of their words and actions while at work. The paper questions whether employers may invade individuals' privacy or merely reasonably monitor their organization's operations.

From the Paper:

"While this act has certainly safeguarded the privacy of employees, its exceptions have widely been used by employers to ensure the normal course of business for the organization. Electronic communications can be monitored if the following exceptions exist in the workplace: the provider exception, the ordinary course of business exception, and the consent exception (Ciocchetti, 2001). First, the provider exception refers to electronic communication services that employers provide, for example, an e-mail system. Second, the ordinary course of business exception takes into consideration either content or context. Essentially, employers can monitor electronic communications that are deemed business-related, but not personal (content) or employers' intent for monitoring can be reviewed (context)."

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