The wide expansion and growth of the internet has resulted in unlimited capabilities to pass information, download and store music, video, and real time chatting and social networking, this can be seen as the advantages brought about by the world wide web ( Roger & Marc 2004). However if these positive attributes are misplaced and used in the wrong place and for the wrong reasons it creates ethical issues especially in the work place.
Privacy law justifies and supports employees privacy in the work place, every employee expects to be accorded his or her privacy in the work place (Lisa & Clare 2000), on the other hand employers are faced with a challenge of allowing the employees to spend time on the computer surfing the net and sending personal mails at the expense of company time and dime ( Hansson & Elin 2005). This will result in losses to the company due to unproductiveness. The major challenge is how to monitor the use of computers by the employees without infringing on their privacy rights. Thus it is of paramount importance that employers should employ ethical consideration in the process of decision making to determine the most rational way on monitoring the use of computers in the work place.
Opinions have been raised on the monitoring of computer use in the place of work by employees. Most are of the opinion that this is an infringement to the rights of privacy according to the privacy act. Employers on the other hand have a justification according to employment law of ensuring that the employees they engage are productive in their respective capacities. Therefore there is need to strike a balance between the two in order to satisfy both parties.
Employment falls into two main categories i.e public and private, these two employers will have several policies and legislations unique to each that can be used in making a rational monitoring decision (Lisa & Clare 2000). The public sector for example government institutions will be exclusively guided by the federal privacy act and in some cases the provincial Freedom of Information and Protection of Privacy Act, and the Municipal Freedom of Information and Protection of Privacy Act .(Lisa & Clare 2000) The private sector e.g. nonprofit organizations and charity would generally apply the federal personal information and protection and electronic documents act together with the provincial personal information protection act (Lisa & Clare 2000). However these legislations are subject to review with respect to their application since they are not conventionally applicable in all the respective cases as stated.
Employers should therefore adopt the utilitarian approach to decision making which states that one should choose an alternative or policy that has the best consequences that can satisfy all the parties affected directly or indirectly. It creates a balance between the affected parties (Hansson & Elin 2005). Under this criterion the employer should carry out a cost benefit analysis of the policy introduction and implementation in his or her business and the impact it may have on the productivity of the employees.
Employees have a right to privacy and employers have a right to monitor the use of computers to minimize time wastage and also reduce in appropriate use of e-mail and the internet which at most times result in discrimination and harassment of employees by coworkers. The employees should therefore have policies to monitor the computer use but they should implement this openly and not in secrecy (Lisa & Clare 2000).
The policy should outline terms of use and monitoring, an elaboration of how the monitoring process will be carried out by the employer through on screen warnings computer pop ups as a reminder to the computer users that they are being monitored( Roger & Marc 2004). Through the policy implementation the employers will be to some percentage assured of the employees’ fulfillment of responsibilities and protection of intellectual property and confidential information (Hansson & Elin 2005).
When employees are well introduced to the policy of computer use with respect to personal use internet and personal e-mail then they will no longer have grounds to claim infringement to their privacy since they will be conversant with the proper conduct expected of them by their employers (Lisa & Clare 2000). The policy comes with respective disciplinary measures therefore the employees become aware that violations of the policy will have consequences.
A balance is attained between the satisfaction of employers’ needs and the employees’ right to privacy only when the consent is sought by the employer through detail explanation of policy to employees thus gaining their consent to monitor their use of computers and web resources in the work place. Through this approach it becomes a legal process which is of benefit to the two parties.
References.
Hansson, S. Elin, P. (2005).Ethics of Work place privacy. Peter Lang.New York
Lisa, H. Clare, H. (2000).Privacy in the Workplace. Pike &Fischer.
Roger, B. Marc V. G. ( 2004). Use and monitoring of e-mail, intranet, and internet facilities at work: law and practice. Kluwer law international.UK
