Monitoring and Surveillance in the Workplace: Lessons Learnt? – Investigating the International Legal Position

<p class="JDFSLParagraph">When considering the legal implications of monitoring and surveillance in the workplace, the question may be asked why companies deploy computer surveillance and monitoring in the first place. Several reasons may be put forward to justify why more than 80% o...

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Main Author: Verine Etsebeth
Format: Article
Language:English
Published: Association of Digital Forensics, Security and Law 2007-06-01
Series:Journal of Digital Forensics, Security and Law
Online Access:http://ojs.jdfsl.org/index.php/jdfsl/article/view/197
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author Verine Etsebeth
author_facet Verine Etsebeth
author_sort Verine Etsebeth
collection DOAJ
description <p class="JDFSLParagraph">When considering the legal implications of monitoring and surveillance in the workplace, the question may be asked why companies deploy computer surveillance and monitoring in the first place. Several reasons may be put forward to justify why more than 80% of all major American firms monitor employee e-mails and Internet usage. However, what most companies forget is the fact that the absence or presence of monitoring and surveillance activities in a company holds serious legal consequences for companies. From the discussion in this paper it will become apparent that there is a vast difference in how most countries approach this subject matter. On the one hand America does not afford any employee a reasonable expectation of privacy when it comes to the use of corporate computer resources and systems, while in contrast to this position the United Kingdom goes out of its way to protect each employee’s reasonable expectation of privacy. This paper will not only investigate the different approaches followed by some of the world-leader, but will also investigate the legal consequences embedded in each approach. This paper will ultimately enable the reader to judge for himself/herself which approach his/her country should follow while being fully informed of the legal consequences attached to the chosen approach.</p>
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spelling doaj.art-4b7afb46ca774bb387dde97ce5a2ee462022-12-22T00:32:51ZengAssociation of Digital Forensics, Security and LawJournal of Digital Forensics, Security and Law1558-72151558-72232007-06-01222340120Monitoring and Surveillance in the Workplace: Lessons Learnt? – Investigating the International Legal PositionVerine Etsebeth0University of Johannesburg South Africa<p class="JDFSLParagraph">When considering the legal implications of monitoring and surveillance in the workplace, the question may be asked why companies deploy computer surveillance and monitoring in the first place. Several reasons may be put forward to justify why more than 80% of all major American firms monitor employee e-mails and Internet usage. However, what most companies forget is the fact that the absence or presence of monitoring and surveillance activities in a company holds serious legal consequences for companies. From the discussion in this paper it will become apparent that there is a vast difference in how most countries approach this subject matter. On the one hand America does not afford any employee a reasonable expectation of privacy when it comes to the use of corporate computer resources and systems, while in contrast to this position the United Kingdom goes out of its way to protect each employee’s reasonable expectation of privacy. This paper will not only investigate the different approaches followed by some of the world-leader, but will also investigate the legal consequences embedded in each approach. This paper will ultimately enable the reader to judge for himself/herself which approach his/her country should follow while being fully informed of the legal consequences attached to the chosen approach.</p>http://ojs.jdfsl.org/index.php/jdfsl/article/view/197
spellingShingle Verine Etsebeth
Monitoring and Surveillance in the Workplace: Lessons Learnt? – Investigating the International Legal Position
Journal of Digital Forensics, Security and Law
title Monitoring and Surveillance in the Workplace: Lessons Learnt? – Investigating the International Legal Position
title_full Monitoring and Surveillance in the Workplace: Lessons Learnt? – Investigating the International Legal Position
title_fullStr Monitoring and Surveillance in the Workplace: Lessons Learnt? – Investigating the International Legal Position
title_full_unstemmed Monitoring and Surveillance in the Workplace: Lessons Learnt? – Investigating the International Legal Position
title_short Monitoring and Surveillance in the Workplace: Lessons Learnt? – Investigating the International Legal Position
title_sort monitoring and surveillance in the workplace lessons learnt a€ investigating the international legal position
url http://ojs.jdfsl.org/index.php/jdfsl/article/view/197
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