Abstract
Privacy is a fundamental human right that has to be respected. However , with the development in technology, it is the privacy in the workplace which is often getting invaded by both the employer and the fellow workers. The reason for invasion of privacy may differ as indicated by many researches. The employers, however, have an upper hand regarding the infringement of the employees’ privacy. The employers’ needs and the employee rights regarding privacy often collide. This paper looks into the various legal aspects of workplace privacy. It also argues compares and contrasts various issues raised by the employers regarding monitoring and surveillance of workers. The author gives a personal view regarding the workplace privacy.
The employers and the employees are usually subjected to the laws on privacy. The Privacy Act, for instance, is for the employee information for those working in the federal institutions. There is also the personal information protection and the electronic documents Act, which applies to the employee information with regard to the federal undertaking, works and businesses. There are many privacy legislations with regard to the employee privacy. Moreover, the employers often commit to ensuring that the employee privacy is observed. Regardless whether the law protects individual privacy at work place, respecting the privacy of every person in the workplace is essential for business (Persson & Hansson, 2003).
In any sector, the employees expect that there is some level of privacy at work even when using their employer's equipment or working on their premises. However, the level of privacy may also depend on the sector because it differs from one sector to another. Generally, the employees have to give up some privacy this is because the employers also need to have basic information on the employee before they can hire and entrust them with various tasks(Miller & Weckert,2000).
The laws on privacy and employment seem to go hand in hand in a natural way. This is because they both deal with the rights of those who are most vulnerable and both laws have strong human rights aspects. These laws also have internationally recognized minimum standards that have to be adhered to. In some levels, the employment law and the privacy law have interesting interplays that are often challenging (Brown,2000). This is because the technological development has opened up previously unthought of possibilities of the way people work and workers monitoring strategies both within and outside the workplaces. The introduction of the new and converging information technology has also shrunk the line between the workplace life and the private life. This is because the workplace has not become mobile as it can be shifted or transported to any place via interned on laptops, other computers and mobile phones.
The changes in the economic life have forced the employers to be keener on the conduct of their employees both in and out of the workplace as this would have an effect on their business image (Brown,2000). However, the most basic concern is the extent of rights to privacy in the workplace context. This is because the work places more a public space rather than a workers' private space. As the workplace is not a personal space for the employees. However, when an employee enters into a workers agreement, he or she loses some civil rights, which include those that are associated with issues of privacy (Persson & Hansson, 2003). This is because under the workers' contracts, the employee has to fill some information regarding themselves and cannot complain about it. Therefore, there are certain rights that the employers have which can also be viewed as invasive on individual privacy.
It does not mean that the employees do not have rights. However, just as with many other legal issues, it is a challenging task to determine the line in personal cases. However, in the workplace, the employers have more benefits than the employee with regard to privacy cases does. This is because the employer will be concerned with issues such as selection and vetting, monitoring of conduct and performance at work, health and safety at work place, lifestyle and choices, and lastly the workers' security (Miller & Weckert, 2000). On the other hand, the employee privacy interests are neutralized by the employer’s matters because of various employer obligations override. Hence, the legal limits that the employers have on privacy intrusion of their employees are not clear. The dynamic of the workplace and the privacy interests of the employers, which hinder the realization of an absolute privacy at the workplace for the employees (Brown,2000).
The adoption of technology in the workplace has changed the way people communicate, undertakes tasks and among other operations. Although this has increased efficiency and improved the business performance, the technology has also brought concerns that were previously nonexistent (Persson & Hansson, 2003). The employers have taken advantage of the technology to access both the work related information and personal information of their employees. The employee’s main concern is the use of the information acquired by their employers. The employers may use the information for the internal use and to interact with different entities without the permission of the employees (Miller & Weckert, 2000).
Despite the existence of legal privacy protection in the workplace, there are practical and legal challenges that jeopardize its implementation. The privacy in the workplace is not an employer, employee problem, but it also cuts across the employee to employee. Accessing and sharing personal information about a colleague without their permission is a breach of privacy already. However, the level of privacy may also depend on the social, cultural background from which the employees are drawn. This is because what one may feel as private in a different cultural setting may not be classified as so in another. Invasion of employees' privacy could affect their morale and subsequently affect the organisation overall performance. Hence there is a need to respect employees' privacy.
References
Brown, W. (2000).‘Ontological Security, Existential Anxiety and Workplace Privacy,’Journal of Business Ethics,23(1), 61-65.
Miller, S. and Weckert,J.(2000).‘Privacy, the Workplace and the Internet,’ Journal of Business Ethics 28:255-265
Persson, A.and Hansson, S.(2003).‘Privacy at Work-Ethical Criteria,’Journal of Business Ethics 42:59-70.
