Big brother may be watching, but in many cases it's to an employee's advantage that he is. Here's how employee's privacy is being protected.
If you’ve read George Orwell’s novel 1984, you probably realize that while he may have been a bit off on the date (not bad, considering it was published in 1949), he was very much in touch with the world of the future as far as “Big Brother.”
True, things are not quite as bleak as Orwell imagined; however, with the continuing expansion of technology, workplace privacy is pretty much a thing of the past. It is now possible for employers to monitor most aspects of what employees do each day, especially as it relates to telephones, computers, and voice mail, which means Big Brother may listen, watch, and read most work communications.
A 2005 American Management Association survey found that three-fourths of employers say they monitor employee Internet surfing and just over half review and retain electronic mail messages. More than 80 percent notify their employees through a written policy and many states have laws that require employees be notified of any actions the employer takes with regard to monitoring.
Groups actively involved in workplace monitoring issues include National Work Rights Institute, 9to5: National Association of Working Women, and Workplace Fairness, which estimates that 20 percent of employers monitor phone calls and 50 percent use video monitors.
However, employees should keep in mind that privacy is a two-way street. While employers are monitoring what their employees do in order to ensure they are not inappropriately or illegally utilizing company property, these same employers also have a legal obligation to maintain confidences.
There are federal and state laws (depending on where someone lives) that protect employees against the improper use or release of personal information. Here are four of the most important protections:
Medical Information
The federal Health Insurance Portability and Accountability Act (HIPAA) as well as certain states' laws prevent employers from releasing medical, dental and mental health information without written authorization. HIPAA, in particular, establishes regulations for the disclosure of any information about health status, provision of health care or payment for health care.
Social Security Numbers
Due to identity theft, many states have placed restrictions on employers’ use of social security numbers. Federally, the Social Security Administration discourages employers from displaying numbers on documents that are viewed by other people — such as badges. Legislation has been introduced in the U.S. Congress as recently as 2007 to prohibit the commercial sale of social security numbers.
Personnel Records
The right to privacy is guaranteed by many states and protects personnel records from improper disclosure to third parties. Employees also have the right to access certain information contained in their personnel file based on employer guidelines.
Termination Information
Employers in many states are limited by what they can say to a potential new employer about a terminated employee. They cannot make misrepresentations; however, they can make truthful statements about the reason for someone’s discharge.
While there is a fine line between keeping information confidential and the need to know, employees need to know what restrictions are placed on them and their employer to ensure privacy in the workplace.
