Unit 6- Privacy Flashcards
What is Privacy?
It includes the right to be left alone, to control and access information, having secrets remain secrets
When was Privacy constitutionally declared in the US?
1965
Challenges in Achieving Privacy
The Privacy Act of 1974 was designed in large part to
resolve the conflict between government accountability and individual privacy.
Privacy of private individuals is compromised in investigations, collective bargaining by unions( they would use info like the number of children, marital status, illnesses which may not directly affect one’s job).
Three items to consider in finding balance between employee privacy and employer’s right to employee info
- Relevance - the employer must limit his inquiry to areas that are directly relevant to the issue at hand.
- Consent - employees must be given the opportunity to give or withhold consent before their private lives are investigated and should be informed of any surveillance.
- Methods - employers must use ordinary and reasonable methods of inquiry unless circumstances are extraordinary.
Arguments for Privacy
Utilitarian
Kantian
Utilitarian Argument for Privacy
Collecting inaccurate incomplete info and using it to make important personnel decisions will harm individuals and employees.
Drawbacks- It only looks at the harm done and ignores the benefits when employers use various methods of data collection ( amass personal info, poly graph testing, drug testing).
Only considers negative consequences
Note:
(Remember that to apply Utilitarian theory, you look at benefits and costs and then you come to a conclusive consequence. So point 1 and 2 are not the same point 1 looks at benefit/cost, point 2 is the ultimatum)
Kantian Arguments
- Autonomy- invasion of privacy prevents him from making rational decisions as a free being, (You know Kant valued freedom to be given to us rational beings)
- Respect for Persons- invasion violates having respect for that person
List the 7 Privacy Issues with Employee Record
- Kind of Info collected
- Use if Info
- Informal access to info- unauthorized people know the info
- Disclosure to outsiders
- Information Collection Methods- use only ethical means, use the least intrusive means as much as possible
- Accuracy and Completeness- if the info will be used to make critical employee decisions, employees should have good records.
- Employee access to own records- if the info will be used to make critical employee decisions, employees should be able to see their file
True or false- Efforts to improve employees’ well-being can undermine their privacy
True
What are Employee Assistance Plans?
Programmes that Help in handling personal problems and drug addictions
The information gained is held in confidence but is available for company use when an employee files a workplace injury claim, sues for discrimination, or wrongful discharge
What is the concern with Consumer Privacy
The info gathered are given to or sold and in turn used to make tailored offers to consumers
The term for the main concern in Consumer Privacy is?
Secondary use of Information- info being used for another purpose than what it was given for
The task of justifying a right of privacy consists of both:
- Demonstrating the value of privacy
- Determining which intrusions into our private lives are justified and which are not
Employees’ right to privacy can be violated when personal information is:
Gathered without a sufficient justifying purpose.
Known by someone, not in a position related to the justifying purpose.
Used for illegitimate purposes.
What are some examples of a justified reason for certain handling of employee info?
- Personal info gathered with a legitimate purpose
- Only relevant persons have access to info
- Info is used for legit purposes
Eg. medical records on employees in order to
administer benefit plans, for example, and to monitor occupational health and safety.
Only specific medical info taken
Only administers of health benefits plan etc have access to info
Info only used to administer the plans