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The author distinguishes between the Supreme Court’s finding of a Constitutional right of personal privacy from governmental action and actions by private employers. “Instead of defining those rights, arbitrators assume…

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Proper surveillance techniques serve the goals of industrial due process. Although monitoring employee activities away from the workplace is sometimes criticized as violative of employees’ privacy, Smith contends that such…

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Workplace privacy

Hypothetical examples are discussed. (1) A waitress is discharged for rudeness but, in the arbitration, the employer does not present the customer complainants, who want to remain anonymous. (2) A…

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Monitoring of call center employees’ conversations and data about phone use and computer use data raise “right of privacy” issues. Judicial and legislative approaches to the issue are examined, as…

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The authors describe the usefulness of electronic surveillance, the judicial endorsement of its use (except where in violation of the ECPA), the constraint of “unreasonable search and seizure” for public…

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The author describes the pernicious effects of performance monitoring on employees: its intrusiveness, the lack of notice afforded employees of its use and how the data gathered will be used,…

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A discussion of employee searches, including private vs. public employer searches; searches conducted by law-enforcement representatives; searches of workers entering or leaving employer premises; and searches conducted on general employment…

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Privacy in the workplace: International perspectives

Privacy in the workplace – drug testing, employee surveillance, searches, screening, physical exams, polygraphs, etc. – in Belgium, Israel and France are examined in this panel discussion….

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The author notes a lack of legislation and common law for new forms of employee surveillance and monitoring, and proposes criteria for their use.

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