Discussion Topic Option #2 – Privacy and Use of Technology in the Workplace
Situation – As the HR manager, draft a memo for review by senior leadership that will be sent to employees about the company policy on privacy and the use of technology (such as company computers, cell phones, emails, and other internet access) by employees.
In your memo discuss the following issues:
1. What are the general rules regarding privacy and use of technology?
2. Does “The Electronic Communications Privacy Act of 1986 (part of the Omnibus Crime Control and Safe Streets Act, 18 USC sec. 2510 et seq.” apply and how specifically?
3. Pick a specific state and discuss how that state handles the issue of an employer monitoring its employees’ use of company computers, cell phones and emails?
4. Do employees have a reasonable expectation of privacy in, e.g., an email they might send at work? A website they might visit, perhaps? How could your policy deal with this?
5. Be sure and make a distinction in your memo between government employees and private employees as to privacy rights.
Use a minimum of two HR/legal references to support your conclusions.
Here are a couple to get you started.
1. http://www.ncsl.org/research/telecommunications-and-information-technology/state-laws-prohibiting-access-to-social-media-usernames-and-passwords.aspx
2. https://www.upcounsel.com/employee-privacy-rights
