Privacy Group #2: Information Technology in the Workplace

Privacy Group #2: Information Technology in the Workplace Kola Ogunlana Craig Silverman Phil Wyman

Introduction • We will discuss various aspects of the Internet in the workplace: • cookies • e-mail • legal issues • overall implications

COOKIES AND WORKPLACE INTERNET ACTIVITY SURVELLIANCE What they are and why they are used by employers. Impact of cookies on employee-employer work relations. What option employees may be able to use in the future to protect themselves.

COOKIES: TECHNOLOGICAL BIG BROTHER ALSO WATCHING YOU • WHAT : Similarity to history files created by web browser Cookies “Data files” • WHY : Consequence of employee unrestricted Internet access at workplace; concerns over employees accessing of non-work related web sites (ex. pornography, sports, shopping, etc).

COOKIES CONTINUED IMPACT: • Employer-Employee relations • Privacy fears • Freedom of speech argument • Record keeping issue

COOKIES CONTINUEDFIGHTING BACK • Encryption technology • Still not 100% effective, cost issues • Work at home • Not an alternative for some • Allowing own hardware protects personal files

Monitoring of Email in the Workplace • Controversial Issue • Law is sparse and vague, but advantage lies with employer • Leads to strain on the workplace relationship

Reasons For Employers to Monitor Email • Helps maintain an efficient and productive workplace • Allows employer to see whether or not employee is keeping up with expected work pace, is wasting time, or if personal problems are interfering with their work • Helps protect company’s funds and information(trade secrets) • Provide evidence for liability purposes

What Employers are Monitoring • Technology is available to register every key an employee makes • Monitor what is currently on an employee’s screen, & web pages and emails saved to their hard drive • Deleted emails can be retrieved as well

Fourth Amendment • Guarantees protection against unreasonable searches and seizures • Courts have interpreted The Fourth Amendment to require that "legitimate business needs" be met for a search to take place • Consent to being monitored is required by employees in some states.

Electronic Communications Privacy Act • ECPA(1986) applies to electronic monitoring, and defines it as “the computerized collection, storage, analysis, and reporting information about employees’ productive activities • Chief Intention: to prohibit employers from using the electronic information they obtain without consent • Employers are granted the right to monitor employee conversations if, “they occur during the ordinary course of business, or with employee’s implied consent

Employee Precautions to Help Maintain Privacy • (1) Common Sense- do not send confidential or personal information via email • (2) Delete email as read it- not full proof, but makes it more difficult for employer to retrieve • (3) Use a separate account for personal or confidential messages • (4) Ask employer about privacy issues, and be aware of monitoring capabilities

Realities • Sentiments of the Courts seem to be in favor of employers • Mistrust at heart of issue • Mistrust arguably brought on by unprofessional business practices by employees • Leads to a tense workplace environment

Conclusion • Cookies are a crucial method for employers to monitor their employees’ activities • Email has made workers more efficient, but has also posed numerous privacy problems in the workplace • The Supreme Court has set the precedent of defending employers in recent court cases

Our Opinion • We think employers have a right to question their employees, however, there should be some exceptions made • Until any reform takes place, employees’ best protection is to just keep all personal aspects out of the office • Any questions?

Privacy Group #2: Information Technology in the Workplace