2. Background
• Privacy not among Constitutional rights
• But Fourth Amendment—right against unreasonable search and
seizure
• Not much law about privacy until end of the 19 th century
• Invention of microphone and telephone—new threats to privacy
• 1890—Supreme Court Justice wants right to privacy from wiretapping,
not only house searches
• 1986—Electronic Communications Privacy Act—allows employer
right to monitor business but not personal communication
3. Background
• Computer networks and
new camera equipment
allow better monitoring
of the workplace
• Employers can fire for
any reason not covered
by law
• Employers often look for
misuse of computer,
stealing, drug use and
alcohol use, lack of
productivity
• More extreme—camera
in locker
room/bathroom;
contract not to smoke or
drink at home to
prevent use of medical
insurance later
5. The Controversy
• Some people believe
electronic surveillance is good
for security, safety, and
productivity.
• Others believe it is a violation
of privacy rights and should
not be used.
• My opinion—use of electronic
surveillance good if only used
to protect employees and not
to violate privacy.
From the movie 1984
6. Arguments For
Workplace Surveillance
1. The use of electronic
surveillance increases worker
productivity
2. Helps to prevent accidents at
work
3. Essential for the protection of
employees
4. May prevent employee theft
and harassment by other
employees
5. May provide a way to make
work evaluation objective
7. Arguments Against
Workplace Surveillance
1. Employees have the right to privacy in some
areas of workplace
2. Surveillance creates a hostile environment
which makes employees fearful and unhappy
3. Employers don’t know how to separate the
public from the private—what is in the
workplace from what is in the home
4. Surveillance provides an opportunity for
sexual harassment by employer or security
personnel
8. My Conclusion
• Electronic surveillance
may be necessary to
secure safety and
productivity
• However, electronic
surveillance must never
violate the employees’
rights to privacy and
cause bad feeling in the
workplace
• Workers need to be
notified of surveillance
• Finally, where does the
employers right to
monitor us stop?