Privacy

Any organization that collects data on its customers, members, users, etc., has to be prepared to protect that data; failure to do so can be costly, in terms of operations, reputation, and the bottom line. Employers also must meet the challenge of balancing their right to secure their data and proprietary information with their need to protect an employee's right to privacy. In both cases, it's important to communicate what your privacy policy is and to make it easily accessible. Has your organization developed a privacy policy that clearly explains how data collected will be safeguarded and used? Do your employees and managers/supervisors understand your monitoring policies? If not, these activities should be part of your business continuity discussions as soon as possible. And, as we have pointed out in the past, if you have done so already, are you sure everything is up to date?

The potential cost of privacy issues should be a concern for most organizations. (Item #1) Whether your organization has implemented a BYOD policy or is still struggling with the intermingling of personal and work-related communications on employer-issued devices, some best practices are starting to emerge. (Item #2) Employer monitoring of its communication systems generally is considered to be a responsible business practice. (Item #3)

The privacy issue isn't going away any time soon, though the commercial social media sites have deftly surfed the edges of the wave. (Item #4) Here are some steps toward balancing employer security with employee privacy. (Item #5) An employer should establish and communicate clear written policies for employee monitoring and educate supervisors when monitoring is permissible. (Item #6)

As always, we look forward to hearing your comments & insights regarding business continuity. If you have a topic you'd like us to cover, email me at [email protected].

Bob Mellinger, President
Attainium Corp

1. Privacy is potentially a costly workplace issue

With a slew of lawsuits over privacy issues related to Facebook and Twitter - and with high-profile consumer data breaches costing companies millions - online privacy has emerged as a key workplace issue from several angles. Indeed, companies face legal and financial consequences if they aren't prepared to safeguard the information of employees and consumers.
http://www.bizjournals.com/boston/print-edition/2011/04/22/privacy-is-potentially-a-costly.html?page=all

2. BYOD: balancing employee privacy concerns against employer security needs

More and more, employees are being asked to use smartphones, tablets or other handheld devices in the performance of their jobs. At the same time, employees often have strong preferences about the types of devices they want to use, and many do not want to carry multiple devices. Initially, many employers issued BlackBerrys to their employees and relied on the security that those devices provided. Now, companies are beginning to see the benefits of allowing employees to bring their own devices - or "BYOD" as it has been dubbed - and as a result, the already-murky world of employee privacy rights has just become even more opaque.
http://www.lexology.com/library/detail.aspx?g=1109490a-6895-40f0-a7a3-afc714316165

3. Fact Sheet 7: Workplace Privacy and Employee Monitoring

Technology makes it possible for employers to monitor many aspects of their employees' jobs, especially on telephones, computer terminals, through email and voice mail, and when employees are online. Almost everything you do on your office computer can be monitored. Such monitoring is virtually unregulated. Therefore, unless company policy specifically states otherwise (and even this is not assured), your employer may listen, watch and read most of your workplace communications.
https://www.privacyrights.org/workplace-privacy-and-employee-monitoring

4. Privacy Issues Could Threaten the Future of Commercial Social Media

Here's what's going on: There's a movement underway to enable businesses to not only better recognize customer needs, but to anticipate them, ideally before they've been consciously acknowledged by customers themselves. Achieving this goal requires not just better Big Data crunching of online behaviors (or things like offline listening habits, brick & mortar shopping checkouts, and every inch of geophysical movement), but actually knowing enough private stuff to channel it via the feedback loops of sponsored content and search results.
http://www.forbes.com/sites/jonathansalembaskin/2014/05/28/privacy-issues-could-threaten-the-future-of-commercial-social-media/

5. How to Balance Employee Privacy & Employer Security

In today's world, the line between employee privacy and employer security can be easily blurred. Many companies that deal with sensitive data and confidential matters may increase security measures to protect trade secrets and internal strategies. In doing this, employees may feel like they have no privacy at work. Other companies may view employee privacy as tantamount, and employer security may suffer as a result.
http://smallbusiness.chron.com/balance-employee-privacy-employer-security-17543.html

6. Electronic Communications in the Workplace

E-Mail and the Internet have become as common in today's business world as the telephone and fax. However, these powerful electronic communication tools are raising serious legal concerns for employers. Through the use of innovative software programs employers now have the ability to record and monitor the substance of communications by employees over the Internet and by e-mail. The ability to electronically peer over an employee's shoulder raises the possibility of criminal and civil liability, if such monitoring is done without the employee's knowledge or consent.
http://www.whiteandallen.com/electronic-communications-in-the-workplace