As more and more businesses continue to depend on
information technology and communication, it’s becoming quite necessary to
employ surveillance in the workplace for keeping a check on the activities of
workers in any establishment. Businessmen get apprehensive of their employees
misusing the technologies provided in the office. Many businesses have appropriate policies in place
for protecting their interest. These policies define appropriate use of
technological facilities for the employees who are also subjected to scrutiny.
Businesses are also employing surveillance systems for that purpose.
A
workplace could have many different kinds of surveillance. The most common form
of surveillance employed in workplaces is computer surveillance that is already
a growing industry, which is also known as "employee Internet
management." Computer surveillance can be categorized into two, namely
“desktop surveillance" and "Internet surveillance."
·
"Internet
surveillance" keeps a close watch on the Internet-related activities
of the users. Specifically designed software is used to keep a track of the
sites visited by the user, and the operations performed therein. The software named
spyware keeps a track of the users’ activities and reports it to the
management. The management can subsequently bring it to the notice of the
employee using different methods.
·
"Desktop
surveillance"- In this case the employer’s computer intercepts a
signal from the employee’s computer. That is possible using specific
surveillance software that may be incorporated into the employee’s computer
physically or remotely. Likewise, a different technique may be employed
enabling the employer to read the email messages sent or received by the
employees. So, in case of disputes, the employee can be held responsible for
improper use of email.
In the case of your employer filming you while
you are at work, what are the employee’s rights to privacy.
Now, CCTV surveillance systems are exploited for
collecting evidence after an event has taken place. However, on integrating
CCTV surveillance systems with hidden cameras and monitoring devices, alarm systems and other control devices,
these are helpfully used by security personnel who can identify and even
suspend security breaches, when they are taking place..
It’s quite normal for retail establishments to install
appropriate surveillance video systems in place to discourage others from
committing thefts. For instance, there may be a video camera at the entrance to
record all the people coming in or going out or there could be a camera keeping
watch over the cash register and people who come there. However, what if such
devices are installed to keep a watch on the activities of employees at work!
There could be surveillance spy cameras in the locker rooms or
bathrooms!
CCTV surveillance of employees at work or their usage
of mobile phones during working hours are areas with a very thin line of
demarcation between misuse of company given facilities on the part of the
employees and their right to privacy.
In the absence of state law that expressly
permits or prohibits surveillance, courts decide if an employee’s privacy has
been fringed upon, by examining two opposing interests: the employer's
necessity to carry out surveillance and the employee's practical expectation of
privacy. An employee using the bathroom or getting undressed has a very strong
and very practical expectation. It’s difficult to guess what possible reasons
an employer could give for using cameras under these specific conditions.
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