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Monitoring Employees' Email and Internet Use at Work - Balancing the Interests of Employers and Employees

Monitoring Employees' Email and Internet Use at Work - Balancing the Interests of Employers and Employees PDF Author: Karen Wheelwright
Publisher:
ISBN:
Category :
Languages : en
Pages : 17

Book Description
The increased use of email and the internet in the workplace raises important legal questions for workers and employers. The purpose of this paper is to explore some of the legal implications of use by employees of workplace email and internet systems, with particular focus on employer monitoring of the use of email and internet and its implications for employee privacy.

Monitoring Employees' Email and Internet Use at Work - Balancing the Interests of Employers and Employees

Monitoring Employees' Email and Internet Use at Work - Balancing the Interests of Employers and Employees PDF Author: Karen Wheelwright
Publisher:
ISBN:
Category :
Languages : en
Pages : 17

Book Description
The increased use of email and the internet in the workplace raises important legal questions for workers and employers. The purpose of this paper is to explore some of the legal implications of use by employees of workplace email and internet systems, with particular focus on employer monitoring of the use of email and internet and its implications for employee privacy.

Monitoring Electronic Mail in the Workplace

Monitoring Electronic Mail in the Workplace PDF Author: Marshall B. Babson
Publisher:
ISBN:
Category : Data protection
Languages : en
Pages : 46

Book Description


Tolley's Managing Email & Internet Use

Tolley's Managing Email & Internet Use PDF Author: Lynda Macdonald
Publisher: Routledge
ISBN: 1136355170
Category : Business & Economics
Languages : en
Pages : 393

Book Description
Email and Internet use is increasingly topical as employers and employees test the boundaries of acceptable use of new communications technology in the workplace. The potential legal liabilities make this a crucial decision-making area for all involved in human resources management. Tolley’s Managing Email and Internet Use will provide you with the essential legal guidance and practical advice to establish, implement and enforce a policy for internet and Email use in your workplace. Tolley’s Managing Email and Internet Use analyses and interprets (in plain language) the law on monitoring employees’ Email and internet activity, the use of confidentiality notices, privacy, harassment and Email interception by employers. It also provides information on the key regulations and guidelines which affect Email and internet policy, including the Human Rights Act 1998, Data Protection Act 1998 and the Regulation of Investigatory Powers Act 2000. Tolley’s Managing Email and Internet Use is the only practical guide to offer you: - strategic guidance on implementing, policing and maintaining an effective Email and internet policy - Current thinking on managing Email and internet use - Sample policies, disclaimers, rules and procedures to assist in establishing your own guidelines - A practical approach featuring questions and answers, checklists and case studies - An accessible read regardless of previous legal experience - Latest case law from recent cases involving Email and internet policy Tolley’s Managing Email and Internet Use is a complete reference source for Email and internet policy in the workplace.

Employee Internet Privacy

Employee Internet Privacy PDF Author: Susan Park
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

Book Description
In the past two years, forty-three states and Congress have passed or considered legislation which generally prohibits employers from asking employees or job applicants for login information to gain access to their personal social media accounts. This legislative development is fascinating, particularly because it moves against the otherwise prevailing belief that employee privacy is on the decline. Nonetheless, a significant number of state legislatures clearly believe this protection is necessary, and rightly so. In a world where online privacy is increasingly in question, these statutes are necessary to help strike a better balance between an employer's legitimate business interests and the employee's right to keep personal information private. They are also a healthy step toward reinstating some of the privacy interests employees have lost over the years, particularly due to the development of new workplace technology that makes monitoring and access to private information easier. However, these statutes certainly have their share of criticism, some of which is valid. Generally, those critical of the legislation believe either that password protection is simply unnecessary or that individual statutes are inadequate. Additionally, the differences from state to state are significant enough that they will likely pose real challenges to multi-state employers as they attempt to navigate them. These laws are so recent that no cases have yet challenged their application. To date, only a small number of published articles have analyzed this trend; none has thoroughly analyzed the statutes and bills, nor introduced any model legislation. This article fills that gap. It examines the current legislation, both enacted and proposed. It argues in favor of these laws, generally, but shows that no current statute or bill adequately balances the need for employers to investigate and monitor job applicants and current employees while also recognizing their privacy interests. Therefore, this article proposes model language that should form the basis for a federal statute. In doing so, it also adds to the call from scholars about the need for comprehensive federal legislation to address employee Internet privacy.

Workplace Privacy and Monitoring

Workplace Privacy and Monitoring PDF Author: Ariana R. Levinson
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

Book Description
This article describes some of the difficulties for employers and employees resulting from advancing technology. It briefly describes some of the technology available to employers with which to monitor employees. The article then provides an overview of the primary sources of law governing employer monitoring and employee privacy, such as the Electronic Communications Privacy Act, state statutes providing for notice of monitoring or protection of the integrity of personnel records or lawful off-duty activity, the tort of invasion on seclusion, and the Fourth Amendment. The article concludes by offering suggestions for attorneys who represent employers, employees, or unions and are interested in addressing these issues. Attorneys and their clients can advocate for federal or state legislation, address these issues in collective bargaining or through private policies, or become involved in educational efforts.

Use and Monitoring of E-mail, Intranet, and Internet Facilities at Work

Use and Monitoring of E-mail, Intranet, and Internet Facilities at Work PDF Author: Roger Blanpain
Publisher: Kluwer Law International B.V.
ISBN: 9041122664
Category : Law
Languages : en
Pages : 322

Book Description
Two legitimate statements in search of legal doctrine: ?An employee must have a reasonable expectation of privacy.? ?The efficient operation of the company must be safeguarded.? As a lawyer considers each of these assertions, a significant region of incompatibility emerges. In the context of the use of information technology systems in the workplace, a collision of rights is exposed that has engendered a virtual battleground in the theory and practice of labour law. This remarkable and timely book draws together all the strands of law in this controversial area, both de facto and de jure. Its comprehensive coverage includes such eminently useful materials as the following: thirty actual company policies regarding on-line communications, from a wide variety of business sectors, with detailed analysis; texts of four company codes of practice; actual views of trade unions and employers? organizations; analysis of relevant existing laws on access, monitoring, liability, sanctions, and the rights of employee representatives; two proposed model codes of practice, one for the individual user and one for employee representatives; and, appendices including Belgium?s National Collective Agreement No. 81 and the regulatory bill and advisory opinions that led up to it. The authors? focus on practice is advantageous, as it brings the central issues and conflicts into high relief. The close analysis and investigation of how employers, trade unions, and legislative and advisory bodies are dealing with the essential matters?which include communications facilities at work, employer?s prerogative, the company?s rights of ownership and disposal, and the fundamental privacy rules of legitimate purpose, proportionality, and transparency?provide very valuable guidance to parties in any country concerned with developing a viable set of legal principles and rules for this challenging and unsettled area of labour law.

Employee Privacy

Employee Privacy PDF Author: United States. General Accounting Office
Publisher:
ISBN:
Category : Computer security
Languages : en
Pages : 66

Book Description


Email and the Everyday

Email and the Everyday PDF Author: Esther Milne
Publisher: MIT Press
ISBN: 026204563X
Category : Computers
Languages : en
Pages : 331

Book Description
An exploration of how email is experienced, understood, and materially structured as a practice spanning our everyday domestic and work lives. Despite its many obituaries, email is not dead. As a global mode of business and personal communication, email outstrips newer technologies of online interaction; it is deeply embedded in our everyday lives. And yet--perhaps because the ubiquity of email has obscured its study--this is the first scholarly book devoted to email as a key historical, social, and commercial site of digital communication in our everyday lives. In Email and the Everyday, Esther Milne examines how email is experienced, understood, and materially structured as a practice spanning the domestic and institutional spaces of daily life.

Restoring the Balance

Restoring the Balance PDF Author: Amanda Richman
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

Book Description
If employers ever have had an incentive to electronically monitor employees through video and e-mail surveillance, it is today. Employers increasingly are found vicariously liable for sexual harassment in the workplace, negligent retention claims are being made more frequently, and workplace violence has tripled in the past decade. Employers, who are potentially liable for their employees' actions, understandably feel justified in keeping tabs on their employees through various monitoring and surveillance techniques. The employers who decide to take this step are aided by the fact that surveillance technology is cheap and readily available. Employers, however, may be found liable for invasion of privacy when monitoring employees. The competing interests of employers seeking to limit their liability for wrongful acts of their employees and employees seeking to protect their privacy have created a need for federal legislation. This Note explores what type of federal legislation would best resolve the conflict between these interests. In Part I, this Note examines the traditional theories of employer liability and the increased liability employers face today. In Part II, this Note examines the link between the increased liability and the proliferation of employers who electronically monitor employees. This Note also considers the workplace privacy concerns created by employer surveillance in the state and federal legal contexts. Part III concludes that the conflict between employer liability and employee privacy must be solved through federal legislation similar to that proposed in Congress in 1993, which sought to protect employee privacy and simultaneously reduce some employer liability.

Workplace Privacy

Workplace Privacy PDF Author: Barry Friedman
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

Book Description
The tradeoff between employees' workplace privacy and employers' need to protect company assets, safeguard proprietary information, and avoid costly litigation has been receiving increased attention (Lee and Kleiner 2003; Mello 2003; national Workplace Institute 2004). This tradeoff often favors employers, as the legal system provides much leeway for employers to monitor employees' electronic communications in the workplace. However, employers need to consider the effect such monitoring has on their employees since employee and employer attitudes about monitoring often diverge. In this article, we explore workplace email monitoring from both employee relations and legal perspectives and discuss implications for employee morale.