EMPLOYEE PRIVACY ISSUES

MADE BY :-
VIVEK SRIVASTAVA,
YAMINI NIGAM,
VIRAT DIVEDI,
SUWARNA DIXIT.
WHAT IS EMPLOYEE PRIVACY ?
 privacy is an example of a human/civic right that is
elimated in the workplace

 Because the employee is regarded as a means to the

employer’s ends (rather than an end in him/herself) this
rights are subordinated / of secondary importance

 The employer is considered to have the right to ignore

normal civic privacy rights.
Examples….
 Video surveillance of employees. (may include the
washrooms, changing rooms as well as work area)

 This may be for theft issues but also for level of work
effort and to ensure limitation of fraternisation.

 Many I.T. Companies has such a system.

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 Employee privacy violations upheld by courts:
 Intrusion
 Publication of private matters
 Disclosure of medical records
 Appropriation of an employee’s name or likeness
 Actions triggering privacy violations:
 Background checks
 Monitoring off-duty conduct and lifestyle
 Drug testing
 Workplace searches
 Monitoring of workplace
Examples….
 Searching of employees, belongings and lockers on a
regular basis.
 Reading of employee e-mails, letters and silent monitoring
of phone calls.
 DNA testing is on the rise especially in the U.S.A. Could
become a basis for employment because of supposed
predispositions for ones ability and sickness.
The Workplace Video Surveillance
Act 1998
Coverage of the Act

 Covert or overt video surveillance?

 Overt video surveillance - employers' obligations
 Is the surveillance occurring in a workplace?
 Is the employer carrying out the surveillance?
Employers' Obligations

 When can an employer use covert video surveillance in

the workplace?
 What are the obligations on the nominated licensed
security operator?
 How does an employer obtain a covert surveillance
authority?
Employees' Rights

 Can employees ask the magistrate

to stop the authority?

 What happens if an employer

unlawfully places employees under
video surveillance?

 Do employees have any other

options if they are unhappy about
surveillance in their workplace?
Role of the Privacy Commissioner

 The role of Privacy commissioner is to educate people

about privacy issues and ensure that the people have their
privacy rights respected.

 Privacy commissioner also has the power to receive,

investigate and conciliate complaints about privacy
related matters. However the Privacy Commissioner has
no power to make binding orders on any party.
A typical background check in U.S.
consists of:
► Employment Verification
► Education Verification
► Address Verification
► Motor Vehicle Records
► Social Security/ Name Trace Credit Report
► Workers’ Compensation History
► Credit Report
► National Criminal Scan
► Credential & licenses
► Sex Offender Registry
► Identity Check.
Do we really have a serious problem
to tackle?
 Case 1
►Bangalore-based employee of
one of the world’s leading
banks was arrested for his
involvement in stealing
confidential data of UK-based
customers

►The amount defrauded was

about 2,33,000 GBP

►Employee had joined the bank

by producing forged
qualification certificates
Case 2
► A driver with a fleet operator
working for a reputed BPO based in
Pune brutally attacked and
murdered a 22-year old female
employee traveling alone in the car

► Subsequent investigations revealed

that the driver had a criminal past
which escaped the rather cursory
background check carried out earlier
by his employer
Case 3
► Two of the 7/11 Mumbai blast
suspects used degree certificates
from an unrecognized institute
to get jobs in well-known IT
companies

► One was hired as a computer

programmer with a
multinational software
company in Bangalore

► The other was a computer

engineer with a Pune-based IT
major

► One of the accused was also sent

to UK by his company!
 Privacy laws in India
► Currently India does not have a specific legislation to protect data or
privacy

► The Information Technology Act 2000 (the IT Act) covers issues of

privacy and data loss or misuse in a very limited and indirect way

► Under the Indian Penal Code, liability for data privacy breaches
must be inferred from related crimes

► The Indian Copyright Act and Credit Information Companies

Regulation Act, 2005 also address data privacy breaches in a limited
manner

► Outsourcing service providers adhere to laws of countries where

they provide service or where their customers are situated
An idea…
Is this
Imagine… Impact
possible? YES!!...

► Candidates ► Instant
bringing verification
their own
Background ► No separate
Screening verifications to
report to the be done by
interview! employer

► No effort and
time spent on
verification
pre-work

► Reduction in
verification 15
costs
Employment Rights Legislation and
Its HRM Implications
 Privacy Act of 1974
 The Drug-Free Workplace Act of 1988
 Polygraph Protection Act of 1988
 Personality Test
 Drug Testing
 Honesty Tests
 Whistle-blowing
 Employee Monitoring and Workplace Security
 Workplace Romance
Guidelines for Managers on regards
to Employee Surveillance
 Employers should carefully research local employee
privacy laws.
 the types of monitoring that may be conducted vary
widely from state to state. Check the law in your
state before beginning telephone, camera,
computer, or any other type of electronic
monitoring.
Guidelines for Managers on regards
to Personal Appearance
 Employers are generally free to set reasonable
guidelines concerning neatness, dress,
appearance, and hygiene.
 However, such codes are always in danger of legal
attack, usually on the grounds that they are
discriminatory or violate a person’s right to
privacy.
Guidelines for Managers on regards to
Off-Duty Behavior
 In most states, employers may discipline or
terminate employees for off-duty behavior that might
embarrass the company or disrupt its
operations,
 though some methods of obtaining information about
off-duty conduct may infringe on privacy rights.
 Some states, restrict employers from gathering
information regarding an employee's off-duty
behavior. Check the law in your state before taking
any action against an employee
Example 1
• Anonymous flight attendant for
an unnamed airline

• Exposed as flight attendant for

Delta Airlines

• Eventually fired for posting

“inappropriate pictures” of her
in her uniform online
Example 2
Anonymously written by Jessica Cutler
• Low-level staffer on Capitol Hill
• Wrote about her amorous ventures
• Exposed when people connected the dots
• Eventually fired
• Wrote a book
QUESTION????
 To what extent may an employer infringe / violate
upon or monitor the private life of an employee?

For example, suppose that an employee (male or female)

works as an “exotic dancer” during off hours. Does the
employer have the moral right to ask that the employee to
stop working as an “exotic dancer” because it impacts or
has the potential to impact on the company’s image?
The Employment-at-Will Doctrine
 The doctrine, based on common law, allows
employers to dismiss employees at any time for any
reason.
 Has been modified to prohibit termination based on
race, religion, sex, national origin, age, or disability.
The Employment-at-Will Doctrine
Exceptions to the Doctrine:

 Contractual relationship: A legal agreement exists

defining how employee issues are handled.
 Statutory considerations: Federal and/or state laws
can create exceptions
 Public policy violation: Employees cannot be fired for
disobeying an illegal order from the employer
 Implied employment contract: verbal or written
statements made by members of the organization,
such as promises of job security or statements in an
employee handbook.
Employee Counseling
 This approach is most appropriate when a
performance problem is not amenable to training
and development or mentoring and coaching.
 Listen to the employee to uncover the reason for poor
performance.
 Focus on performance-related behaviors
 Get the employee to accept the problem, and work to
find solutions.
 Managers are not expected to solve employee’s
personal problems
 Employee Assistance Program
THANK YOU