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Essay / Research Paper Abstract
This 3 page paper looks at the issue of privacy in the workplace in the US, considering what privacy an employee may expect and the rights of employers in undertaking surveillance. The bibliography cites 3 sources.
Page Count:
3 pages (~225 words per page)
File: TS14_TEworkpriv.rtf
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Unformatted sample text from the term paper:
rights to engage is electronic surveillance of their employees. Electronic surveillance may incorporate any form of electronic device to observe the employees, and includes monitoring computer use which can include
computer forensics to recover deleted material, telecommunications and the use of video surveillance (Prywes, 2010). The main source of protection for employees comes under the Electronic Communication Privacy Act,
this act prevents interception of electronic communications unless it is authorised without a warrant. The term electronic communications has been interpreted to include emails as well as voice calls and
computer usages. However, there is an exception under the act, where there is consent, for employers this may be deemed to be present if there is workplace policy of monitoring
that the employees are aware of. An additional concern may be the way that in recent cases the act has been interpreted by the courts, such as the 9th
Circuit case of Konop v Hawaiian Airlines Inc. where interception was interpreted narrowly, to mean only where the interception takes place continuous with the transmission, this was also seen
in the 5th Circuit case of Steven Jackson Games Inc. v US Secret Service (Lexis, 2010). The ability to monitor communication has been found to incorporate communication that may
not yet have been opened or received, or those that have been deleted. The situation has changed under the Patriot Act, here there are additional rights and responsibilities placed
on the owners of the network and service providers, which gives increased power of surveillance and the ability to undertake surveillance without a warrant, as employers are usually the service
provider. This also impacts on third parties. In some states where surveillance is taking place there may be requirements to make this known. For example, in California where a
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