Should Employers Have the Ability to Monitor Their Employees Electronically?

The purpose of this paper is to answer the question of whether or not employers should have the ability to electronically monitor their employees in the workplace. It stresses both the monitoring of computers, and also telephone wiretapping. The topic is examined through a legal, behavioral, and ethical perspective, to gain a more complete idea of the extent of the concern with electronic monitoring. Court cases were used to explain the different facets of the legal struggle between the employer’s right to monitor and the employee’s right to privacy. Several theories, including panoptic theory, were used to explain the behavioral effects of employer surveillance. Finally, the ethical issues with regards to electronic monitoring were explained through the idea of social control, and the balance of the needs of the employer and the needs of the employee

Monitoring Employee Behavior Through the Use of Technology and Issues of Employee Privacy in America

Despite the historic American love for privacy that has enhanced innovation and creativity throughout the country, encroachments on privacy restrain individual freedom. Noticeable, advances in technology have offered decision makers remarkable monitoring aptitudes that can be used in numerous tasks for multiple reasons. This has led scholars and practitioners to pose a significant number of questions about what is legitimate and illegitimate in the day-to-day affairs of a business. This article is composed of (a) research about electronic monitoring and privacy concerns; (b) definitions of, critiques of, and alternatives to electronic performance monitoring (EPM); (c) motives behind employee monitoring and leadership behaviors; (d) advice that makes monitoring less distressful; (e) employee monitoring policies; (f) reviewing policies and procedures; (g) the role of human resource development (HRD) in employee assessment and development; and (h) conclusion and recommendations for further studies

Information Technology Innovation and Organizational Policy: Implications on Employee Privacy

Issues relating to workplace privacy and how organizations address privacy have sparked a lot of public debate in recent years. Research reveals that potential employers have exploited employees seeking job opportunities by asking information to do with: disclosure of confidential information about the past employer’s work, financial background, and family intimate issues not relevant to the job being sought among others. This paper establishes the implications of information technology innovation on organization policies with emphasis on employees’ privacy. The study was done in two organizations and it adapted a case study approach. Data was collected from 74 respondents using questionnaires. Respondents were sampled using purposive technique. Frequency distribution tables were used in data presentation followed by discussions. The findings of this study are critical in informing the policy makers in organizations on procedures and strategies of inclusive policy formulation and implementation as well as provide HR managers with insight on managing privacy issues in dynamic organizational setups. Key words: Employees’ Privacy policy, Information Technology, Surveillanc

Whoʼs Watching Us at Work? Toward a Structural-Perceptual Model of Electronic Monitoring and Surveillance in Organizations

Nearly 80% of organizations now employ some form of employee surveillance. This significant level of use infers a salient need for additional theory and research into the effects of monitoring and surveillance. Accordingly, this essay examines the panoptic effects of electronic monitoring and surveillance (EM/S) of social communication in the workplace and the underlying structural and perceptual elements that lead to these effects. It also provides future scholarly perspectives for studying EM/S and privacy in the organization from the vantage point of contemporary communication technologies, such as the telephone, voice mail, e-mail, and instant messaging, utilized for organizational communication. Finally, four propositions are presented in conjunction with a new communication-based model of EM/S, providing a framework incorporating three key components of the panoptic effect: (a) communication technology use, (b) organizational factors, and (c) organizational policies for EM/S

AIDS and HIV: The Legal Dimension: A Selective Bibliography

For the most part articles over two pages in length from journals were included. Editorials and articles from national and legal newspapers generally are not included. Although some articles are listed from foreign periodicals, most of the entries focus on the United States. Listings in one category can cover some aspects of other categories. An attempt was made to include the article in the category which best covered the subject matter of the majority of the article. An asterisk (*) indicates that the article is contained in one of the symposia or special issues listed in the Symposia and Special Issues section of this bibliography

PRECEPT:a framework for ethical digital forensics investigations

Purpose: Cyber-enabled crimes are on the increase, and law enforcement has had to expand many of their detecting activities into the digital domain. As such, the field of digital forensics has become far more sophisticated over the years and is now able to uncover even more evidence that can be used to support prosecution of cyber criminals in a court of law. Governments, too, have embraced the ability to track suspicious individuals in the online world. Forensics investigators are driven to gather data exhaustively, being under pressure to provide law enforcement with sufficient evidence to secure a conviction. Yet, there are concerns about the ethics and justice of untrammeled investigations on a number of levels. On an organizational level, unconstrained investigations could interfere with, and damage, the organization’s right to control the disclosure of their intellectual capital. On an individual level, those being investigated could easily have their legal privacy rights violated by forensics investigations. On a societal level, there might be a sense of injustice at the perceived inequality of current practice in this domain. This paper argues the need for a practical, ethically-grounded approach to digital forensic investigations, one that acknowledges and respects the privacy rights of individuals and the intellectual capital disclosure rights of organisations, as well as acknowledging the needs of law enforcement. We derive a set of ethical guidelines, then map these onto a forensics investigation framework. We subjected the framework to expert review in two stages, refining the framework after each stage. We conclude by proposing the refined ethically-grounded digital forensics investigation framework. Our treatise is primarily UK based, but the concepts presented here have international relevance and applicability.Design methodology: In this paper, the lens of justice theory is used to explore the tension that exists between the needs of digital forensic investigations into cybercrimes on the one hand, and, on the other, individuals’ rights to privacy and organizations’ rights to control intellectual capital disclosure.Findings: The investigation revealed a potential inequality between the practices of digital forensics investigators and the rights of other stakeholders. That being so, the need for a more ethically-informed approach to digital forensics investigations, as a remedy, is highlighted, and a framework proposed to provide this.Practical Implications: Our proposed ethically-informed framework for guiding digital forensics investigations suggest a way of re-establishing the equality of the stakeholders in this arena, and ensuring that the potential for a sense of injustice is reduced.Originality/value: Justice theory is used to highlight the difficulties in squaring the circle between the rights and expectations of all stakeholders in the digital forensics arena. The outcome is the forensics investigation guideline, PRECEpt: Privacy-Respecting EthiCal framEwork, which provides the basis for a re-aligning of the balance between the requirements and expectations of digital forensic investigators on the one hand, and individual and organizational expectations and rights, on the other