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31511230/0403 © 2004 Business & Legal Reports, Inc.
Privacy Issuesin the Workplace
Issues in employees privacy
31511230/0403 © 2004 Business & Legal Reports, Inc.
Workplace Privacy: General Considerations
Freedom from Unauthorized
intrusion from employees.
OBJECTIVES OF IT ACT
1. It is objective of I.T. Act 2000 to give legal recognition to any transaction which is done by electronic way or use of internet.
2. To give legal recognition to digital signature for accepting any agreement via computer.
3. To provide facility of filling document online relating to school admission or registration in employment exchange.
4. According to I.T. Act 2000, any company can store their data in electronic storage.
5. To stop computer crime and protect privacy of internet users.
6. To give legal recognition for keeping books of accounts by bankers and other companies in electronic form.
7. To make more power to IPO, RBI and Indian Evidence act for restricting electronic crime.
Features of IT act
31511230/0403 © 2004 Business & Legal Reports, Inc.
•Extends to the whole of India (Section 1)
•Authentication of electronic records (Section 3)
•Legal recognition of electronic records (Section 4)
•Retention of electronic record (Section 7)
•Publication of Official Gazette in electronic form (Section 8)
• Security procedure for electronic records and digital signature (Sections 14, 15, 16)
•Licensing and Regulation of Certifying authorities for issuing digital signature certificates
(Sections 17-42)
Features
31511230/0403 © 2004 Business & Legal Reports, Inc.
•Appointment of Certifying Authorities and Controller of Certifying Authorities,
including recognition of foreign Certifying Authorities (Section 19)
•Various types of computer crimes defined and stringent penalties provided under
the Act (Section 43 and Sections 66, 67, 72)
•Interception of information from computer to computer (Section 69)
•Investigation of computer crimes to be investigated by officer at the DSP (Deputy
Superintendent of Police) level
•search and arrest without warrant (Section 80)
•Offences by the Companies (Section 85)
Issues in employees privacy
31511230/0403 © 2004 Business & Legal Reports, Inc.
•Recruitment and selection
•Performance tracking
•Computerized employees records
•Electronic surveillance
•Performance appraisals
Methods of monitoring employee privacy
31511230/0403 © 2004 Business & Legal Reports, Inc.
1. Telephone cell monitoring
2. E-mail messages
3. Computer monitoring
4. Workplace privacy protection
Prevention methods to have better employee privacy
31511230/0403 © 2004 Business & Legal Reports, Inc.
1. Adopt a clear policy
2. Monitor only for legitimate reasons
3. Be reasonable
4. Prevent electronic harassment
5. Check internet connections
6. Control of the use of e-mail
7. Daily record files
8. Appointment of in house privacy controller
31511230/0403 © 2004 Business & Legal Reports, Inc.
Workplace Privacy Checklist
Explain the company’s electronic monitoring policy
Make sure employees understand that e-mail and voice mail may be monitored
Advise employees that telephones are for company business only
Warn employees about Internet use
31511230/0403 © 2004 Business & Legal Reports, Inc.
Workplace Privacy Checklist (cont.)
Advise employees that work areas may be searched
Be careful when conducting searches Make sure employees understand the
substance abuse policy Administer drug and alcohol testing in
compliance with the law
31511230/0403 © 2004 Business & Legal Reports, Inc.
Workplace Privacy Checklist (cont.)
Protect confidential medical informationUse caution with background checks Obtain written authorization before giving
referencesProtect customer confidentiality