The growing use of computers at work place has resulted
in employers using different
software techniques
to keep a check on computer usage by the employee
at work time. As employers own the computer network
and terminals, they have a right to
monitor the
activities of the employees while using computers.
The monitoring may or may not be done with the full
knowledge of the employee.
Some employee may be given certain privacy rights
while using computers. If the employee is part of
the union, the contract might limit employer’s
right in computer monitoring and public sector employees
may have some minimal rights under the United States
Constitution, in particular the Fourth Amendment which
safeguards against unreasonable search and seizure.
Computer Monitoring undertaken
by the employers
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Employers use software
that enables them to check what is there on the
screen or stored in the employees computer
terminal and hard disks. |
|
Employers can monitor internet
usage, like web surfing or email. |
|
Employees who are involved
in intensive word-processing and data entry jobs
may be subject to key stroke monitoring. This
tells the employer how many key strokes per hour
each employee is performing. |
|
Employer may also track the
amount of time the employee spends away from the
computer. |
The Electronic Communications Privacy
Act (ECPA), of 1986, intends to provide individuals
with some privacy protection in their electronic communications.
However, this act has several exceptions that limit
its ability to provide protection in the workplace.
Like, the act does not prevent access
to electronic communications by system providers,
which could include employers who provide the necessary
electronic equipment or network to their employees.
The ECPA provides only limited protection to
private sector employees.
The recent Federal statue affecting
privacy in the workplace is the USA Patriot Act;
the act was enacted post-September 11, 2001 terrorist
attacks. This act expands the federal government’s
authority to monitor electronic communications and
internet activities, including e-mail. However, the
act does not cover private sector employee-monitoring
program.
