Expectations of Privacy
by Debbie Hatke, MA, SPHR
If you stopped one of your employees on the shop floor, or in the lunch room, and asked about their expectations of privacy while at work, how would they respond? If an employee asked you about their privacy rights in the workplace, how would your company respond?
While the Internet has opened up a whole new opportunity for success and growth for many businesses, it has also created a conundrum of other workplace issues. Social Media has become the buzz word for companies wanting to expand their marketing efforts, advertise more efficiently, build relationships and create an employment brand that drives job seekers to their job openings. There is so much more at our fingertips today because of electronic media that it is almost impossible to remember when we didn’t have the Internet, let alone Web 2.0 (or Recruiting 3.0).
“Progress is man’s ability to complicate simplicity.” – Thor Heyerdahl
But along with progress often comes pitfalls. More and more companies are diving into electronic media headfirst, but not thinking through the consequences and potential impact to their companies. It’s important for companies to consider and prepare for complications that may arise with regard to using social media and other electronic communications in the workplace. Just as a company would have a policy regarding the use of company cell phones and computers, they should also have policies that cover electronic privacy when using those devices.
What are the courts looking for when judging on such privacy cases? They are looking for the reasonable expectation of privacy by the employee and a reasonably conducted search (of electronic communication) by the employer. This means when putting together an electronic privacy policy companies should do everything possible to remove the expectation of employee privacy and retain the right to search all employee communications – including the search of an employee’s private email that resides on a company computer. If your policies allow for “occasional private use” then you are setting yourself up for difficulty should you ever conduct a search that includes private email.
When considering the media policies you will put in place to protect your privacy you also need to consider how those policies might restrict your employees from doing their jobs. As the business world becomes more entrenched in online media the time your employees spend online conducting business – whether it is for marketing, selling, networking or recruiting purposes – the more flexible your policies will need to be. It’s a tricky balancing act of protecting your company and its employees while providing the necessary tools and access needed to get the job done.
Does one online policy serve all? Absolutely not. Your company will need to evaluate its needs and continue to reevaluate those needs over time. As social media and the Internet continues to evolve so too should your policies. Make it a practice to evaluate electronic media policies at least annually. And remember to look at those polices when implementing a new program or process within your company. Should your Marketing department start to advertise online or Human Resources create an alumni page on the website, make sure the methods employed adhere to the social media polices in place – if they don’t, the policy may need to be changed to allow for the needs of the organization or the program may need to be reevaluated.
This is an exciting time. I personally love the integration of technology and evolving electronic media in the workplace. Anything that makes my job easier or allows me time to focus on the aspects of my job that I enjoy by offering time savings or cutting out steps in a process is welcomed. Embrace the new technology and make it work for your organization; just be sure to be mindful of the positives and the potential negatives and craft your policies protect both employer and employee and ultimately keep you in business.
Debbie Hatke, MA, SPHR is a Senior Human Resources Management Consultant with Strategic Human Resources, Inc. (www.StrategicHRinc.com). If you have questions or comments about this article, you can contact Debbie at Debbie@StrategicHRinc.com.