Employment Privacy in the Work Place
Professor John McLemore
May 12, 2013
Definition of Privacy
One should be able to function without restraint with due consideration for others. The Supreme Court case, Union Pacific Railway Co. V. Botsford on May 25, 1891 contended that “No right is held more sacred, or is more carefully guarded, by the common law, than the right of every individual to the possession and control of his own person, free from all restraint or interference of others” (Justia 2007 ). One can therefore deduce that privacy is the right to be left alone, no interference or intrusion. If the government is to penetrate this basic right of the individual there should be a justifiable reason for doing so. This right is protected by the fourth amendment as well as other amendments in the Bill of Rights such as the first, second, third and fifth. For example the “Right to remain silent”, can be considered as protecting one from sharing with others information they deem incriminating. In other words they can keep such information secret even under oath. The concept of protection and intrusion imply the existence of others. With a consideration for others in mind the idea of scope, environment and entitlement must be viewed within this construct. Widening the scope of this concept is the introduction of digital and technological development. Indeed the whole concept of electronic monitoring has presented the courts with enormous challenges in deciding where to draw the line between the individual’s right to privacy and company’s or public entity’ right to know especially in environment of the workplace. Obviouslyemployers can read your e-mail, look at your personal computer files, investigate your pager usage and eavesdrop on your phone calls. One may even be suspicious as towhether or not hidden cameras exist not only in public areas but in locker rooms and even restrooms.
The Case “City of Ontario v. Quon; Limited...