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Workplace Surveillance. Parks Frazier. Types of Monitoring. Computer Monitoring Network Surveillance Call Monitoring Video Monitoring GPS Surveillance Social Media Monitoring. Why is it necessary?. legal liability reasons security concerns

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Presentation Transcript
types of monitoring
Types of Monitoring
  • Computer Monitoring
  • Network Surveillance
  • Call Monitoring
  • Video Monitoring
  • GPS Surveillance
  • Social Media Monitoring
why is it necessary
Why is it necessary?
  • legal liability reasons
  • security concerns
  • productivity measurement and performance reviews
  • legal compliance
legal liability
Legal Liability
  • Chevron Corporation sexual harassment charge
performance review
Performance Review
  • cyberloafing- slang term used to describe employees who surf the net, write e-mail or other Internet-elated activities at work
  • employee monitoring to prevent this
cost of cyberloafing
Cost of cyberloafing
  • Proven that cyberloafing can cost large companies up to 1 billion dollars per year
  • How can employers stop excessive cyberloafing without causing employees to feel resentment??
stopping cyberloafing
Stopping cyberloafing
  • develop solid policy
  • all monitoring should be kept work related
  • make guidelines regarding personal use of Internet reasonable
  • be aware of state laws for privacy in the workplace
  • get consent!
computer monitoring
Computer Monitoring
  • main reason is to prevent cyberloafing
  • four types:
    • screen monitoring
    • data monitoring
    • keystroke monitoring
    • idle time monitoring
screen monitoring
Screen Monitoring
  • Employer reviews video or images of screen activity
  • Examine EXACTLY what employees are doing on their computers
  • most intrusive
data monitoring
Data Monitoring
  • Consists of keeping track of the content of files stored on employees’ local hard drives.
keystroke monitoring
Keystroke Monitoring
  • Mostly used in word-processing or data entry jobs
  • Software keeps up with number of keystrokes per unit of time
  • Reports to employer if necessary
  • Has been linked to health problems including stress disabilities and carpal tunnel
idle time monitoring
Idle Time Monitoring
  • Keeps track of amount of time employee is either away from computer or on computer not doing anything
  • Least intrusive
network surveillance
Network Surveillance
  • monitoring of data and traffic on the Internet
  • Computers communicate through use of “packets”
  • Network Surveillance is basically inspection of these packets
  • Electronic Communications Privacy Act supports that employers who own their computer system have the right to monitor
smyth vs pillsbury
Smyth vs. Pillsbury
  • Smith was told his e-mails couldn’t be intercepted and used against him
  • He then made threatening comments over this e-mail and was terminated for it
  • He lost because of Pennsylvania’s denail of a cause of action for the termination of an at will employee
falmouth firefighters union vs falmouth
Falmouth Firefighters Union vs. Falmouth
  • Many sexual and intimate e-mails were recovered from work emails of Firefighter
  • Charged with sexual harassment
  • Lost because he couldn’t prove reason for expectation of privacy
stengart vs lovingcare agency
Stengart vs. LovingCare Agency
  • Employee emailed attorney and employer used these emails against him
  • Court ruled that attorney-client privilege applied to emails
  • Company policy stated no expectation of privacy
  • Main factor: sent from personal email
holmes vs petrovich developmental co
Holmes vs. Petrovich Developmental Co.
  • Identical situation as Stengart vs LovingCare Agency
  • Only difference: emails were sent from company email
  • Court ruled in favor of employer
city of ontario vs quon
City of Ontario vs. Quon
  • Supreme Court upheld search of police officer’s personal messages
  • Not violation of constitutional rights because search was work-related
  • However, found sexually explicit messages
video monitoring
Video Monitoring
  • Reasons for video monitoring:
      • deter theft
      • maintain security
      • monitor employee performance
video monitoring cont
Video Monitoring cont.
  • There are no federal laws in place to protect against Video Monitoring
  • Very few employees have won privacy cases involving video surveillance
call monitoring
Call Monitoring
  • Types:
      • Employers monitoring phone calls
      • Employers obtaining phone records
          • perfectly legal
monitoring phone calls
Monitoring Phone Calls
  • Electronic Communications Privacy Act of 1986 states that employers are not allowed to monitor employees phone calls without two exceptions:
        • Consent exception
        • Business extension exception
consent exception
Consent Exception
  • Employer needs one party to give consent for monitoring
  • CAREFUL!! Could be hidden in contract agreements
business extension exception
Business Extension Exception
  • No consent required
  • Requirements must be met:
      • Phone equipment must have been supplied by employer
      • Equipment must be used in ordinary course of business hours
  • Can NOT monitor personal phone calls
  • Can be very difficult to enforce
employer steps to call monitoring
Employer steps to call monitoring
  • Identify means for which he or she will be monitoring
  • Do not intercept personal calls
  • Provide unmonitored phone line for personal calls
  • Make a clear and precise company policy
  • Only allow authorized personnel to monitor phone calls
  • Written consent!!!
social media monitoring
Social Media Monitoring
  • Recent issue
  • No federal laws in place
  • Companies looking for unauthorized posting of company content
  • Mostly left to company policies
  • Have been court rulings AGAINST employers who fired employee for complaining over social media
gps surveillance
GPS surveillance
  • Employers using GPS to track employees
  • Some courts have expanded from employer owned cars to employee owned cars as well
  • Court rulings have been in favor of employers
ethical issues
Ethical Issues
  • What is the line when it comes to Employee Monitoring?
  • Ethics of Employer monitoring
  • Ethics of Employee behavior
  • Technology is constantly changing
  • How intrusion much is too much?