Chapter 6

Chapter 6
J. R. Boatright
ETHICS AND THE CONDUCT OF BUSINESS

6th Edition
Privacy in the Workplace

C. H. Quah USM
.
2010 Pearson Education South Asia Pte. Ltd. All rights reserved
After studying this chapter you should be able to:

Explain what is privacy? Why is privacy a value? Explain what does a right to privacy entail? Discuss the issues involved in the privacy of email and use of internet.
Introduction
Privacy a value and a right that is fundamental to ones identity as a person.
Privacy in the Workplace * * * What is privacy? Why is privacy a value? What does a right of privacy entail?
Concept of Employee Privacy
3 definitions
Right to be left alone
Right to have control over personal information
Right not to have undocumented personal information known by others
Concept of Employee Privacy (cont)

Right to be left alone
Right to be free from certain types of intrusion into their private lives. (Warren & Brandeis [1890]) Grisworld vs. Connecticut (1965): Case involving use of contraceptives by married couples. The Supreme Court held that privacy is a right guaranteed by the Constitution.

Criticisms of the Right to be left alone
The definition of To be left alone is overly broad; individuals have a right to be left alone in matters of religion & politics but the public has a right to know about certain matters.
Some violations of privacy occur in situations where there is no right to be left alone, e.g. the workplace. Privacy may be confused with liberty.

Right to have control over personal information
Privacy: defined as control over information about ourselves.
Criticisms of Theory:
* This definition is too broad, since not every loss or gain of control over information about ourselves is a loss or gain of our privacy.
* Privacy cannot be equated with control, because individuals exercise control when they voluntarily divulge intimate details about themselves and thereby relinquish their privacy.

Right not to have undocumented personal information known by others
Privacy is a state in which certain undocumented [non-public] facts about a person remain unknown by others. [W. A. Parent, 1983]
The facts must resemble Undocumented Personal Information. Facts that resemble public records do not violate an individuals privacy.
Value of Privacy - 3 Views

Utilitarian Arguments:
Harm is done to individuals when inaccurate or incomplete information about them is used by an employer in personnel decisions.
This stance assumes that the consequences of invading privacy produces more harm than good.
Invasions of privacy change the character of our experiences and deprive us of the opportunity to gain pleasure from them.
Value of Privacy - 3 Views (cont)

Utilitarian Arguments (cont)
Privacy promotes a healthy sense of individuality and freedom among members of society. A lack of privacy could result in mental and emotional stress.

Kantian Arguments:
This position revolves around the concepts of autonomy and respect for persons. Surreptitious surveillance may not harm a person but still diminishes a persons dignity and shows disrespect for that person.
The victim loses control over how he or she appears to others, and has no opportunity to correct them. -Hyman Gross

Combination of Kantian & Utilitarian Theory Privacy: Is derived from an understanding of the way individuals are socialized.
Respect for privacy with regards to some matters, is an essential part of the socialization process through which individuals develop a sense of personal identity and worth.
Some societies require more privacy than others.
Employees Right to Privacy

In the workplace, the main threat to employee privacy comes from the personal information that employers gather in the ordinary course of business.
Information gathered from employees must be used for the purpose for which it is collected by the person responsible for making the decision.
Employees Right to Privacy

Determinants of Employee Privacy
Purpose of Information Gathering
Resolving disagreements about purpose
Means used to gather information
Accuracy, Disclosure to completeness outsiders. and access.
Purpose of Information Collection

Companies are justified in maintaining medical records of employees in order to administer benefit plans and monitor occupational health & safety. Privacy can be violated if:
* * * Personal information is collected without sufficient justifying purpose. The information is known by persons who are not in a position related to the justifying purpose. Persons who are in such unrelated positions use the information for illegitimate purposes.
Resolving Disagreements About Purpose

Information that is necessary for the normal conduct of business is legitimate. Employer Employee Contract Model: Only collect information that both employer and employee need to form a valid contract. Information that complies with the law is legitimate
(Joseph R. Desjardins)
Valid contracts require the agreement of both parties.

Means Used To Gather Information

Polygraph tests, Major integrity tests and pretext interviews consideration: Are less intrusive collect more Means used must information than means of be justifiable. is necessary and information gathering are often demeaning or available. degrading
Accuracy, Completeness and Access

Inaccurate or incomplete information can result in decisions that are unfair to employees. Steps should be taken to ensure accuracy and completeness of information.
Employees should have access to their personal information files, so that they can challenge any information about themselves if necessary.
Disclosure to Outsiders
Employers should not disclose personal information to an outside party without the employees consent. Neither employer nor employee has an exclusive right of access and control to information in the companys files.
Privacy on the Internet
92.8 % of web sites surveyed collected at least one piece of personal information name, email address, etc.
56.8% collected at least one type of demographic data - age, gender, zip code, etc. Only 6.6% of sites did not collect anything.
[Mary J. Culnan, 1999]
QCH 2009 Prentice-Hall Inc. All rights reserved.
Privacy on the Internet (cont)
One gives up a great deal of information in order to enjoy the benefits of internet commerce voluntarily. Hence, question of privacy violation doesnt hold. The internet is a public domain, so being online is like walking and talking in the town square. You have zero privacy. Get over it!
(Scott McNealy, Chairman & CEO of Sun Microsystems, 1999)
Overt vs. Covert Method of Data Gathering
Overt
Covert
information provided as a condition of making a purchase or gaining access to web pages. information obtained without users knowledge or consent. most common method via installation of a cookie, i.e. file placed on a users hard drive.
Problems of Information Collection by Computers

Initial contacts allow information gatherers to form a profile of who we are, and this profile will fit us into a particular mold, which may not be accurate to begin with and may inhibit our ability to change & grow. Information collection by computers could undermine the traditional American value of equality
[Lawrence Lessig, 1999]
Principles of Internet Privacy
Notice/Awareness
Choice/Consent
Disclose identity of the collecting party, the information collected, the means for collecting it & the uses to which it will be put. Provides a mechanism for choosing whether or not to allow information to be collected.
Principles of Internet Privacy [cont]
Access/Participation
Integrity/Security
Allows consumers to access the information collected & the opportunity to contest the accuracy/completeness of the collected data. Steps taken to protect against the alteration, misappropriation or destruction of data and the action that will be taken for breaches of security.
Principles of Internet Privacy [cont]
Enforcement/Redress: This informs and assures consumers that the company follows responsible information practices and the consequences of it failing to do so.
Implementing Internet Privacy
Who should be involved?

Internet
firms, internet service providers (ISP), computer companies, industry associates, government & regulatory agencies, public interest groups & individual users. using laws and rules to influence behaviour. use technology to enable internet users protect their privacy. e.g. Privacy Enhancement Technologies (PET)
Means of Implementation
Formal
Material
Privacy of E-mail
More employees are dismissed on the basis of e-mail and Internet use than on violations involving the telephone - a sign of growing problems with newer technology. (AMA Survey)
Are employers free to monitor employees e-mail?

Conclusion
The problems facing employees, consumers and internet users with regards to privacy are quite similar. Many people claim that they value privacy, yet are willing to trade a great deal of their privacy in return for convenience and material gain. Protecting privacy requires coordinated solutions of many parties, viz. government, regulatory agencies, principal parties, public interest groups and individual users.

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Chapter 6

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Chapter 6

ETHICS AND THE CONDUCT OF BUSINESS

Privacy in the Workplace

After studying this chapter you should be able to:

Concept of Employee Privacy

Right to be left alone

Right to have control over personal information

Right not to have undocumented personal information known by others

Concept of Employee Privacy (cont)

Concept of Employee Privacy (cont)

Concept of Employee Privacy (cont)

Concept of Employee Privacy (cont)

Value of Privacy - 3 Views

Value of Privacy - 3 Views (cont)

Value of Privacy - 3 Views (cont)

Value of Privacy - 3 Views (cont)

Employees Right to Privacy

Employees Right to Privacy

Purpose of Information Gathering

Resolving disagreements about purpose

Means used to gather information

Accuracy, Disclosure to completeness outsiders. and access.

Purpose of Information Collection

Resolving Disagreements About Purpose

Valid contracts require the agreement of both parties.

Means Used To Gather Information

Accuracy, Completeness and Access

Privacy on the Internet

QCH 2009 Prentice-Hall Inc. All rights reserved.

Privacy on the Internet (cont)

Overt vs. Covert Method of Data Gathering

Problems of Information Collection by Computers

[Lawrence Lessig, 1999]

Principles of Internet Privacy

Principles of Internet Privacy [cont]

Principles of Internet Privacy [cont]

Implementing Internet Privacy

Who should be involved?

Are employers free to monitor employees e-mail?

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