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Publiez vos documents !Report on the workforce monitoring and surveillance practices: a practical guidance for employers
Résumé de l'exposé
Employers have always monitored their employees in one way or another, to assess the quantity and the quality of a worker's performance. Monitoring should be understood in a broad meaning: employers can decide to use hidden cameras or CCTV cameras; they can open e-mails or keep records of phone calls as well as check regularly the websites visited by employees. As they are responsible for theirs employees, they must be aware to a certain extent of what their employees are doing and how. This need to monitor employees can also be explained by the fact that employees can breach the rules of confidentiality and thus jeopardize the firm, or for reasons of security. Technological progress provides employers a wide range of tools to achieve their goals, such as CCTV cameras and monitoring software. Technically speaking the vision of a Big Brother watching the employees all the time is now possible. Thus this question of employee monitoring involves issues about data protection and human rights such as the respect of private life.
Sommaire de l'exposé
- The legislative framework concerning employees monitoring: your rights and your duties
- All you have to know about the relevant legislation
- The Employment Codes of Practices
- The legislative framework remains somehow unclear and can be contested
- The lessons from the Durant v Financial Services Authority (2003) case
- The Regulation of Investigatory Powers Act 2000 in question
- Privacy in the workplace: a contested concept
- A practical guidance for employers: how concretely put into practice monitoring policy
- Some advice before introducing monitoring practices
- The keys to a successful introduction of monitoring practices
Extraits de l'exposé
[...] Thus this question of employees monitoring involves issues about data protection and human rights such as the respect of private life. The potential for abuse is huge: the information may be inaccurate, it can be collected for one purpose and used for another or they can be given to a third party without the consent of the employee Thus a growing number of regulations have been enforced since 1998 in order to protect the employee and to delimit how far the employer can use monitoring practices without infringing on employee's privacy. [...]
[...] She had to fill a questionnaire and disclosed that she suffered from sickle- cell anaemia. The employer refused to give the applicant the job after discovering the medical report. The court held that the general practitioner was under a contract of service with the employer and has thus no duty of care to the applicant. There was no breach of privacy. The Employment Codes of Practices The Employment Practices Code published by the Information Commissioner in 2005 comprises four different parts Recruitment and Selection, Employment Records, Monitoring at Work and Medical Records. [...]
[...] References Textbooks - Lewis and Sargeant, (2004) Essentials of Employment Laws, Institute of Personnel and Development, London, Chap 18 Human Rights and data protection. [...]
[...] This decision has a huge impact on data processing and increases the power of data controllers. They can process huge amount of unfocused personal information despite the fact that they infringe employees' privacy. The judgment can undermine the right to privacy and let the worker without any protection. Moreover the narrow meaning of ?personal data? is a bit confusing: these data can not be personal at the beginning when being collected by the data controller, but they can become ?personal? depending on the use made by the data controller. [...]
[...] *Data should be accurate and, where necessary, kept up to date. *Data should not be kept longer than is necessary for the purposes for which it is processed. *Data should be processed in accordance with the rights of the data subject under the Act. *Appropriate technical and organizational measures should be taken against unauthorized or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data. *Data should not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data. [...]
Descriptif de l'exposé
- Date de publication
- 2007-02-22
- Date de mise à jour
- 2007-02-22
- Langue
- anglais
- Format
- Word
- Type
- dissertation
- Nombre de pages
- 8 pages
- Niveau
- avancé
- Téléchargé
- 0 fois
- Validé par
- le comité de lecture