Issues in employees privacy

Privacy Issues
in the Workplace

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Workplace Privacy:
General Considerations
Freedom from Unauthorized
intrusion from employees.

31511230/0403 2004 Business & Legal Reports, Inc.

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
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)

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Features
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)
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Issues in employees privacy

Recruitment and selection

Performance tracking
Computerized employees records
Electronic surveillance
Performance appraisals

31511230/0403 2004 Business & Legal Reports, Inc.

Methods of monitoring
employee privacy
1. Telephone cell monitoring
2. E-mail messages
3. Computer monitoring
4. Workplace privacy protection

31511230/0403 2004 Business & Legal Reports, Inc.

Prevention methods to have

better employee privacy
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
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Workplace Privacy Checklist

Explain the companys 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
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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
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Workplace Privacy Checklist (cont.)

Protect confidential medical information
Use caution with background checks
Obtain written authorization before giving

references
Protect customer confidentiality

31511230/0403 2004 Business & Legal Reports, Inc.