Computer Privacy In The Workplace

Computer privacy in the workplace is a controversial issue for most. Employers can use software that allows them to monitor internet usage. They can track all of the website you visit and keep track of all the emails you write and receive. Many companies use a tracking system that records keystrokes so that they are less likely to miss anything. Other types of employee monitoring include a technique that keeps track of the amount of time spend away from the computer terminal or idling.

          Employers are generally allowed to do all the tracking they please because they own the computers.  Most tracking systems make sure that the person being tracked has no idea that this is going on, unless the employer makes it known. In most states, there are no law in place that require employers to inform you if they do decide to start tracking you.

          Employees have very few rights when it comes to computer privacy in the workplace. Under certain circumstances, employees are offered protection from monitoring. Some union contracts limit the right of the employer to monitor. The United States Constitution provides minimal rights to public sector employees, most importantly the fourth amendment, which protects people against unreasonable search and seizure. (Privacy Rights Clearinghouse)

In 2007, the American Management Association and the e Policy Institute found that two-thirds of employers monitored employee internet usage. It is well known that many companies track content, keystrokes, and time spent at the keyboard.  Over 30% of companies use technology to automatically monitor the emails that are written by employees. Some of the latest software claims that by analyzing each employee’s “digital footprint” they can create an in-depth evaluation of performance and conduct. The software looks for word patterns, changes in the style of language, and communication patterns. However, the AMA does report that "Most respondent firms carry on surveillance practices on an occasional basis in the manner of spot checks rather than constantly or on a regular routine."

Studies conducted by CareerBuilder, an employment website, found that 45% of hiring managers check social media pages when considering prospective employees. (Wortham) They looks for things such as excessive drinking, drug use and bad mouthing of previous employers. The study also found that 35 percent of those mangers decided not to offer a candidate the job because of what they found on their social networking site. Privacy setting are offered by the sites to keep the array of people allowed to view your information limited. Sadly, the confusion over privacy settings leave some users publicly posting information without knowing it.

Companies like Teneros offer services that monitor publicly posted information on a regular basis for companies. (Brustein) They help companies to reveal potentially confidential or embarrassing information before other are able to get a hold of it. Employees’ social media creates a trail that could be subject to use in litigation. In the United States, there are no statutory laws that directly address implications of employers using social network sites as part of their hiring process. (Sinrod)

A prospective employer does not have the right to demand access to a social networking page. Even when it comes to social networking sites, there can be some expectations of privacy. (Sinrod) If an employer violates the terms of service of a social networking site, it could be said that they were committing a privacy violation. This mean that companies should never “hack” their way onto people social networking sites or pretend to be someone they are not to gain access to someone’s page. This is misrepresentation and violates the terms of service for the sites.

Common sense would save many people a lot of trouble when it comes to internet monitoring. When it comes down to it, if you are doing what you are supposed to be doing when you are at work, you shouldn’t have a problem. Most employers let you know what they expect from you and what they feel is acceptable when it comes to surfing the web.

Tthe government agency I work for tells you right up front that everything you do is kept on record, down to how many minutes you’ve spent of each website. Legal has informed us that surfing is acceptable during breaks and lunch (around an hour each day.) However, there are limitations as to the type of surfing you are doing. Most sites that the Agency wants us to stay away from are blocked. Interestingly, we are allowed to use facebook. The Defense Logistics Agency even created their own network that employees can join. At the end of the day, what it comes down to is that you should never put anything on the internet that you don’t want everyone to see. You must be internet smart and market yourself wisely.

Bibliography

Brustein, Jashua. New York Times. 26 March 2010. 10 December 2010 <http://bits.blogs.nytimes.com/2010/03/26/keeping-a-closer-eye-on-workers-social-networking/>.

Privacy Rights Clearinghouse. Workplace Privacy and Employee Monitoring. Spetember 2010. 7 December 2010 <http://www.privacyrights.org/fs/fs7-work.htm#3a>.

Sinrod, Eric. Prospective Employees Inadvertently Open Their Kimonos to Employers On Social Networking Sites. 11 November 2008. 2 December 2010 <http://articles.technology.findlaw.com/2008/Nov/04/11218.html>.

Wortham, Jenna. New York Times. 20 August 2009. 8 December 2010 <http://bits.blogs.nytimes.com/2009/08/20/more-employers-use-social-networks-to-check-out-applicants/>.