COMP 2903 A 12 Privacy Legislation and Surveillance

COMP 2903 A 12 – Privacy Legislation and Surveillance Software Danny Silver JSOCS, Acadia University

Daryl Nord, Tiption Mc. Cubbins, and Jeretta Nord Communications of the ACM, August, 2006

Big Brother is Here • Workplace Monitoring and Surveillance Survey of 2001 conducted by the AMA • 75% of major US employers record and/or review: – Email – Telephone – Internnet – Computer files • Twice the 1997 rate

Privacy • What does the term mean? • Webster: – A) The quality or state of being apart from company or observation – B) freedom from unauthorized intrusion • One has a right to privacy in their home • Do they have the same in the work place?

Employer’s Have Real Concerns • 2002 stat: 62% of US workers went online at work for personal reasons • 78% of employers report blatant abuse of organizational internet policies: – – Downloading pirated s/w, pornography Shopping online Personal email, inappropriate email Surfing the web, watch videos, playing games • 10% of US companies have received legal threats because of employee email • Many companies sued for employee actions

Employer’s Are Taking Action • Monitoring employee’s computer and internet use – see table at top of page 53 • 2003: – Over 52% of employers monitor email – 22% have terminated employees for violations of email policy

So what is your right to privacy in the work place? • Constitution / Bill of rights ensures this? • In US rights to privacy in constitution pertain only to state action – not private company work scenarios • Rights to privacy come from Fed legislation and State common law

Electronic Comm. Privacy Act (ECPA) • Covers broad interests of privacy, but limits expectations of employees with respect to employers: – Provider exception – company provides, then the information is theirs – Ordinary course of business exception – the employer has the right to monitor quality control and unauthorized use or misuse of equipment • Can persona voice and email be monitored in the US? – Consent exception – if either party in a conversation consents to use of info – it is OK

State / Provincial Case Law • Employees have tried to use invasion of privacy as a protection in the workplace • Generally two problems: – Employee must have a reasonable expectation of privacy – Mc. Laren v. Microsoft (see p. 55) – Intrusion must be highly offensive to a reasonable person • Social Media Policies: http: //www. blrfurther. com/Social. Media/social-media-a-facebook-policies. html

Monitoring H/W and S/W • Employers have an extensive arsenal of technology they can pay to use • See last page of article: – Multiple employee machines can be simultaneously monitored (email, chat, forums) – Local files can be copied and changes to them logged – Commands to employee computers can be execute remotely (scary!!)

Org. Electronic Comm. Policy • Signed by employees should contain statements that: – Comm. equipment is owned by company – Have the right to monitor – Right to know & keep copies of passwords – Inappropriate comm. are prohibited, including access a website with offensive content – Employees should not voice personal opinions using company comm. technology

Assignment #2 • In Nova Scotia, what is a person’s right to privacy in the work place. • Please investigate and report major findings. • Do you feel that the provisions are adequate so as to protect both the workers and the organizations. • Provide all references • Keep your response to no more than 1. 5 pages • PROOF READ BEFOR SUBMITTING