Employee Privacy During Employment

Employee Privacy During Employment In the world, which thrives on the internet and other electronic media to network with the job and non-job related communication, the employee privacy has become a concerned subject. But in the reality, the employee doesnt have much privacy. This document will display information on employee privacy during employment. We discuss background checks, electronic surveillance, the internet and email privacy and more. Employee privacy laws for both U.S. and European union are different in multiple ways. In this document, we will compare the laws by researching the various applicable employee privacy laws both the nations implement for the corporate sector. The two aspects of employee and employer relationship are monitoring employee and conducting background checks. United States European Union The diminished expectation of privacy at the work environment. At the work, environment employees are entitled to expect privacy. Monitoring of employees is okay if the employer is providing a full notice about the monitoring activities and its purpose. Failing to notice will subject the employer to liability Only on instances of important business need and specific instances employee can be monitored by the employer. It is much stricter than the US privacy laws. The privacy laws in use a patch work of the U.S. federal and state privacy laws which regulate the collection of data on certain instances of sensitive information protection of health or financial information, special protection for groups such as children, address the certain abuse of apparent market failure. The collection and use of personal data across all sectors is regulated with omnibus data protection laws. Table 1 United States vs European Union privacy law differences 2.1. United States The primary federal law leading the background checks in united states is the Fair Credit Reporting Act (FCRA). FCRA is applicable to both California and Illinois, the state laws can provide more rights to employees but they will not be able to take away the basics of FCRA. The FCRAs goal is to protect and provide accurate the information regarding the credit history, capacity, reputation and worthiness of the employee/consumer. FCRA is only applicable for the employers or firms and not for individuals who want to perform a background check on themselves or verify their credit reputation. Only particular agencies and employers are eligible for requesting FCRA for the background check. The employer who is requesting the background check must have be complied with certain other Federal and state laws. The employers who request for background check report for employment purpose, per the FCRA the employer or the agencies must provide the employee/ applicant a clear and noticeable printed notice about the change and receive a printed consent from the employer who is requesting the report. The documented printed should be a separate document and not part of another document. Agency who provide the background service for employment, the employer must be certified that the employer: Should have employees consent in printed format Must have provided notice to the employee. The reports information shouldnt be used in violation for equal employment opportunity regulation. Employer must be complied with FCRA requirements, before executing any action with the report In California, the FCRA has a plus, where it allows the applicants who have gone through background check view there report and know if any information is any inaccurate. And it also allows the employer to perform the checks. As FCRA in whole only allows the agency third party to perform the checks. In California, this process is called Investigative Consumer Report (ICR). An employer can only request reports for certain positions and per the categories the applicant must be informed. 2.2. European Union In the European union when the employer wants to run a background check on the applicants or the employees in the firm, to assess and verify the details, the employer must comply to the local member state laws at the firms location and the Data Protection Acts (DP Acts) for EU. Every member state has specific laws which affect the background check, specifically for criminal records. Every member states background check will have a different report. Local state Labor and Employment laws also have obligations on the checks. 2.2.1. France In France for background checks the employer must get prior permissions from the DP Acts in France it is called CINL, this is to collect information for background check. The employer only allowed to get personal information only which is directly relevant to the background checking. The law in France prohibits checks on credit transactions, even if the applicant is willing to provide. Only for certain categories of job position it can be retrieved and must be with consent and information which can be retrieved is limited. The applicants apply for certificate of good standing to get conviction, court record or legal judgements and proceedings. The employer must inform the applicant with the information about: Data transfer to United States People who will receive the information Purpose of the data collection Ability to correct data after its collection Mandatory questions CINL specifies that all the information about the applicant can be viewed and edited after submission of the application for checking. 2.2.2. Germany In Germany Bundesdatenschutzgesetz (BDSG) is the DP Acts that regulates the local law where the applicants personal information cannot be collected and processed without the permission from the applicant, consent is a must and lawfully. Only limited information can be retrieved from the applicant and any violation will lead to fine up to 300,000 pounds. The applicants work development experience and criminal history can be collected and processed. Only during the recruitment process, if failed a written consent will be required from the applicant. Credit worthiness cannot be checked under German DP Acts. 2.2.3. United Kingdom In UK, the information commissioners Office (ICO) regulates the DP Acts. Is very general background checks, they can collect information about the applicant for specific job. The difference is the ICO states that the data collected must be destroyed in a secure  Ã‚   manner within six months. 3.1. United States Electronic Communications Privacy Act (ECPA) denies monitoring and tapping of electronic, email, oral and wire communications. Only email accounts given by the employer can be monitored. Stored Communications Act (SCA) is about the stored messages and its access. It is unlawful to access the contents or electronic communication without authorization or intentionally. It also a violation to prevent alter the data in the storage. The SCA states that the employers being the service providers of the email communication service which is dedicated for the firm can be used to monitor the employees email communication and retrieve the email, this has been approved by the US Court. The employers are also reserve the right to monitor the internet usage of the employees in the firm. Employers already mention the policies which will be implied and is requested by the employees to go through them be aware of them being monitored. 3.2. European Union The European unions DP directives and telecommunication directive are considered also European Convention on Human Rights (ECHR) and article 29 working party opinion, all these laws are implied on the monitoring of employees. Monitoring of the employees by the employer is not encouraged until unless there are specific business needs. If the employer decides to monitor an employee then the Working Party asks the employer to follow certain guidelines and be complied, with keeping in mind the employees right to privacy: Transparency Necessity Finality Legitimacy Proportionality Accuracy and data retention Security 3.2.1. Transparency Monitoring is prohibited and is limited in few circumstances, All the policies must be accessible by the employees which specify about monitoring. The employers should clearly mention the actives which will be monitored. The employer should beforehand inform the employees about the monitoring activities. If any misuse is alerted, the employee must be informed about it at the earliest 3.2.2. Necessity Monitoring should be performed only if necessary for exceptional cases. The data related to monitoring  Ã‚   must  Ã‚   be destroyed securely and not retained more than the specified period. Privacy impact assessment must be performed before the monitoring starts. 3.2.3. Finality The data which is collected for monitoring, must be dedicated to the monitoring tasks only and should not be misused by using the data for other process and functions. All monitoring data is specific to the process requiring the monitoring. 3.2.4. Proportionality Monitoring of the employee data must be in scope and hidden monitoring actives must be voided by the employer. If the employer implements less intrusive monitoring of employee it is better.   Any important notification must be informed to the concerned member. Having an audio and video monitoring at a place which is expected to ensure privacy must be avoided. 3.2.5. Accuracy and Data Retention The data must be stored only for 3 months and not more. The data collected must be for the mentioned monitoring objectives.   The data collected must be retained and updated for the period of task which required the monitoring. 3.2.6. Security The employer must have in place protection for the personal data logged from monitoring and make sure the data is not being altered or breached. 3.3. France Employee must be informed before monitoring is initiated. The employer must define the policies properly with the mention of disciplinary actions. Before making the policies final the labor inspector must approve the internal rules mentioned in the policy. The related files and emails which are monitored must only be viewed with the concerned employees presence and only during an investigation. 3.4. Germany The employers communication facility must be prohibited to use, until necessary. Then the employee monitoring is approved. The employer is not allowed to tap, sniff or monitor the internet usage or email communication of the employee private internet provider. If email and document are mentioned as private or sensitive, they must be excluded from being monitored. The DPO and Works council must be involved and monitoring actives must be recorded and documented in a legal framework 3.5. United Kingdom Interception of communications and Regulation of Investigatory Powers Act(RIPA) regulate the monitoring laws. They specify the extent an employer can try to monitor and record the data of the employees. and, how the data is being monitored, is it internally or being sent over the network. Mobile device communication monitoring is allowing. The employer must inform the employees about the monitoring, adhering the transparency requirement. And any unlawful monitoring is same a criminal offense. 4. Conclusion Both the regions European Union and United States have different approached toward the employees privacy. In European Union employers, must justify every detail collected about the applicant or employee and the monitoring is nearly denied in law in France, Germany and United Kingdom, these state members impose their own laws. Alternatively, which in United States, the data collection from the employee and applicant is legal under the law until unless it is being misused and deviating from the purpose of the collected personal information. The employees monitoring is also allowing and is regulated under law. For JP Consulting Inc under both legal government administrations, a twofold method is reasonable, the Sites in EU must control the data collection and its monitoring activated per the local state member laws of France, Germany, United Kingdom and in U.S they can have monitoring and data collection extensively. https://www.privacyrights.org/consumer-guides/employment-background-checks-california-focus-accuracy http://leginfo.legislature.ca.gov/faces/codes.xhtml http://www.ftc.gov/os/statutes/fcradoc.pdf https://www.consumer.ftc.gov/sites/default/files/articles/pdf/pdf-0111-fair-credit-reporting-act.pdf http://blogs.dlapiper.com/employmentgermany/2016/10/18/background-checks-aka-pre-employment-screenings-in-germany/ https://www.loc.gov/law/help/online-privacy-law/germany.php http://webcasts.acc.com/handouts/Flick1[1].pdf http://employment.findlaw.com/workplace-privacy/employee-privacy.html https://www.mofo.com/resources/publications/monitoring-employees-striking-a-balance.html

Mrs Elizabeth Dole’s Presidential Election

As President of the American Red Cross, Elizabeth Dole has led an extraordinary public service career in which she has served six United States Presidents and has been named by the Gallup Poll as one of the world†s ten most admired women. Born and raised in Salisbury, North Carolina, Elizabeth Dole was apparently always diligent. She obtained excellent grades and won the prize in an essay writing competition offered annually by the Daughters of the Confederacy. Her classmates voted her â€Å"Most Likely to Succeed,† and would often remark that she would one day be a First Lady or a President. Following in her brother†s footsteps, she attended Duke University. She was elected president of the Women†s Student Government Association. Elizabeth Dole left Duke with a bachelor†s degree in political science, with recognition as Student Leader of the Year, Phi Beta Kappa and was the May Queen. She then went on to earn her law degree from Harvard Law School as well as obtaining a master†s in education and government from Harvard. Elizabeth Dole headed the White House Office of Consumer Affairs under both Presidents Johnson and Nixon. It was there that she began a career-long dedication to public safety, for which she received the National Safety Council†s Distinguished Service Award in 1989. By 1974, Nixon had appointed her a Federal Trade Commissioner. She and Bob Dole were married in 1975 while she was still with the FTC, and when he became the Vice Presidential candidate under Jerry Ford, she took a leave of absence to campaign for him. In 1980, the now married Elizabeth Dole, impressed Ronald Reagan to the extent that he appointed her director of his transition team†s human services group and a year later, promoted her to head of the White House Office of Public Liaison. In February 1983, Elizabeth Dole joined President Reagan†s Cabinet as Secretary of Transportation – the first woman to hold that position. During her four years at Transportation, the United States enjoyed the safest years in its history in all three major areas – rail, air, and highway. Some of her many safety initiatives included a new regulation which required air bags or automatic safety belts in all new cars and spawned safety belt laws in 36 states and the District of Columbia. She led the crusade to raise the drinking age to 21; directed the overhaul of the aviation safety inspection system; and imposed tougher aviation security measures at the U.S. airports, which led to tightened security measures around the world. She also oversaw the sale of CONRAIL, the government-owned freight railroad that returned $1.2 billion dollars to the U.S. Treasury. In January of 1989, President Bush swore in Elizabeth Dole as the nation†s 20th Secretary of Labor. As Labor Secretary, she served as the President†s chief adviser on labor and work force issues. She has worked to help shatter the â€Å"glass ceiling† for America†s working women and minorities, increase safety and health in the workplace, upgrade the skills of the American work force, and improve relations between labor and management, playing a key role in bringing the parties together to resolve the bitter eleven month Pittston Coal Strike. In 1993, Women Executives in State Government honored Elizabeth Dole with their Lifetime Achievement Award for her many achievements in helping women and minorities break through the â€Å"glass ceiling.† Also this year, she was selected for induction into the Safety and Health Hall of Fame International for her numerous transportation, workplace, and blood safety accomplishments. She went on to receive the North Carolina Press Association†s first â€Å"North Carolinian of the Year† Award. As President of the American Red Cross, Elizabeth Dole oversaw nearly 30,000 staff members and more than 1.5 million volunteers who comprise the world†s foremost humanitarian organization. She was a member of that volunteer force in 1991, taking no salary her first year. The American Red Cross provides 52% of America†s blood supply. While blood is â€Å"overwhelmingly safe,† to quote the Food and Drug Administration, four months into her presidency, Elizabeth Dole secured approval of the organization†s Board of Governors to launch a sweeping $148 million state of the art blood system which will be able to quickly and efficiently incorporate medical technology as it evolves. Following two years of record breaking natural disasters, Elizabeth Dole launched an aggressive relief campaign that raised $172 million dollars in 1992 to assist victims of disasters including Hurricanes Andrew and Iniki. Elizabeth Dole certainly has the political credentials as well as strong other values. She understands how to be powerful and yet remain human, warm and sincere. She understands the importance of integrity, morality, and accountability in government. With all the scandal that Bill Clinton has brought to Washington, observers say that Mrs. Dole†s strong religious and traditional values could work as a remedy. If our country will ever be ready for a female in the Oval Office it is now, with Elizabeth Dole. There will be, however, significant electoral, institutional, and constitutional ramifications if she is elected. First of all, the Electoral College will be jumbled. As Elizabeth Dole is a strong member of the Republican Party, electing a woman to the presidential office is a very democratic move. Therefore, many of the Democratic electoral voters may cast their votes in the direction of Elizabeth Dole, rather than their own presidential candidate, and vice versa for the Republican electoral voters. These electoral voters will be in a cross-pressured situation that will blur the outcome of the election to a certain degree. The institutional effects of Elizabeth Dole†s election to office will be in two major parts: (1) Her leadership of the American Red Cross as well as her association with and involvement in the American political system will adhere to a knowledge of those and similar institutions, and (2) the mass media will curb the campaigns with an instance never before been seriously tampered with. Although many may argue against Elizabeth Dole†s ability to act as Commander in Chief of the Army and Navy of the United States, she seems to have the confidence and the aid to do so. She is very much in favor of restoring America†s Defense capability. â€Å"The readiness of our troops is in question and a whole generation of outdated military equipment is waiting to be replaced†¦. I believe there is an urgent need to refurbish our military and resolve to develop and deploy a strategic missile defense system at the earliest possible date.† Furthermore, the Presidency has become an institution itself, containing many aids, helping in the decision-making procedure and the management of domestic policy, economic policy, foreign affairs, congressional relations, and public relations. Her knowledge both of executive power as well as working closely with executives and their aids (referring to U.S. Presidents) has given her tremendously valuable experience that readies her for her tasks as a President of the United States. Now, the mass media always has a great influence in the public opinion of politics due to their coverage and choice of material presented to this public. This can be looked upon as an advantage for Elizabeth Dole. The media will, without fail, give special attention to her campaign, for she is the first woman in American history to have a prospect of securing the Presidency. Statistics have shown that voters tend to favor those candidates who have a combination of sufficient media coverage and charisma, the latter of which Elizabeth Dole undeniably possesses. Therefore, with this ensemble and her qualifications, Elizabeth Dole will be giving the public eye something they†ve been waiting to see in a presidential candidate†¦the background, the experience, the disposition, the intelligence and the integrity to run our country with our full faith. The Constitutional effects have much to do with Elizabeth Dole†s platform as well as the intermingling of powers. The issue of a Republican woman elected President being a Democratic move could induce a more efficient process of law making in Congress. Furthermore, Elizabeth Dole is a firm believer in rolling back the bureaucracy. This refers directly to the tenth amendment of the Constitution: â€Å"The powers not delegated to the United States by the Constitution, nor prohibited by it to states, are reserved to the states respectively, or to the people.† The founding fathers inserted this amendment for fear of the development and consolidation of a powerful and meddlesome federal government. These days, our federal government maintains numerous and indefinite powers as the states hold few. The Federal Government has become too big, too complex, too bureaucratic. Decisions once made in state legislatures, in city halls and around kitchen tables are now made in Washington†¦. What we need to do, it seems, is to remember the wisdom of our country†s founders, and the tenth Amendment to the Constitution: those powers not specifically delegated to the federal government or prohibited to the states are reserved for the states and for â€Å"we the people† – you and me! Elizabeth Dole is not a power hungry politician like the ones we today to whom we are so accustomed. She is a politically knowledgeable and powerful woman who has the ability to stand strong as the head of the world†s most powerful nation.

Incarceration Within The United States - 1623 Words

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Cyber Bullying Is A New Form Of Bullying - 2119 Words

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