Xcom 285 Private Laws and Policies Debate

CheckPoint: Private Laws and Policies Debate

April 22, 2012

After taking a closer look at the debate on the fairness of privacy laws and policies of companies, I believe that it makes good sense to monitor employees while at work. The importance of having company policies for privacy laws in the workplace are for the safety of the company as well as the employee. Making sure that employees are ethically working according to company policies and guidelines is one of the main reasons that companies monitor employees while at work.

The primary piece of federal legislation suggesting employee privacy interest is the Electronic Communications Privacy Act (ECPA). However, there are three exceptions under the ECPA that effectively eliminate any substantial expectation of privacy an employee might have with respect to his/her employer (Nord, McCubbins, & Nord, 2006,). The first expectation is the “provider expectation.” The employer can monitor any equipment that he/she owns while being protected from any employee privacy claims. The second expectation is the “ordinary course of business.” This means that an employer can monitor employee communication to ensure quality control; example, prevention of sexual harassment and unauthorized use of equipment. The third expectation is the “consent.” It implies that one of the parties has given prior consent.

While viewing points for and against privacy laws and policies of companies, I find it very crucial for a company to protect its’ business. A good sense of understanding between employer and employee when it comes to company policy and it’s monitoring system is essential in the success of the business. As technology advances so will the need for monitoring systems. Employers should create written documentation that explains their monitoring system to eliminate confusion and unintentional ill feelings. As there are laws in place to protect the company, there are also laws in place to protect the workers....