Electronic Surveillance

Electronic Surveillance of Employees

1. Explain where an employee can reasonably expect to have privacy in the workplace.

Privacy in the workplace can be addressed in many ways especially in this era or new age of technology where the use of emails, internet, social networks etc. has been extended to every single aspect in modern organizations. Employers have discovered ways to supervise the work of its employees by monitoring virtually every digital trail leaving employees privacy right in a limbo that is not completely understood or clear under the law or under company policies. Under the State of Maryland’s Wiretapping and Electronic Surveillance Act, it is unlawful to tape record a conversation without the permission of all the parties, additionally, recording with criminal or tortuous purposes is illegal, regardless of consent. Md Cod Ann. CTS&Jud.Proc 10-401 (USLegal.com). However, the law does permit employers to conduct electronic surveillance, such as telephone monitoring, when it is done to serve legitimate business interest such as monitoring quality to customer service. The law allows employers to intercept and listen to only business related calls. A personal call may not be monitored once it is determined to be one.

Employers are also permitted to monitor e-mail usage where the employer owns and provides the computer equipment and it is intended to be used for work purposes only. The law protects employees from an invasion of privacy by their employers in regard to their possessions and private lives, not their use of the employer’s property. The law prevents unreasonable intrusion upon an employee’s privacy, public disclosure of embarrassing private information; and publicly placing an employee’s reputation in a false light. (Maryland State Bar Association, Inc.) Electronic monitoring has become a commonplace and it is considered normal and employers have alleged that they have a legitimate purpose to do it in light of...