BE Notes for Chapter 6

PRIVACY Privacy

Privacy is a value, indeed a right that is fundamental to ones identity as a person. However, all rights have limits; therefore it is important to understand the limits to an
employees right to privacy. EMPLOYEE PRIVACY Three issues are examined with regard to privacy in the workplace: 1) What is privacy? (2) Why is privacy a value? (3) What does a right of employee privacy entail? CONSUMER PRIVACY The manipulation of information gathered by marketers, especially for purposes of direct mail advertising. Definitions of Privacy 1. The right to be left alone. 2. The right to have control over personal information 3. A right not to have undocumented personal information known by others Definition 1 The right to be left alone. This derives from both the Warren and Brandeis definition and the decision in Griswold. Warren and Brandeis were concerned mainly with the publication of idle gossip in sensational newspapers. In the Griswold decision, Justice Brennan claimed that the right to privacy prohibits government intrusion into such fundamental decisions as whether or not to beget a child. Criticisms of this definition: The main criticism is that the right "to be left alone" is overly broad.

Whereas individuals have a right to be left alone in most matters of religion and politics, the public has a right to know about some matters, such as campaign contributions. Some violations of privacy occur in situations where there is no right to be left alone, such as the workplace. The Warren and Brandeis definition confuses privacy with liberty. A loss of liberty is neither a necessary nor a sufficient condition for a loss of privacy.

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BE Notes for Chapter 6

Definition 2 The right to have control over personal information. Privacy can also be defined as control over information about ourselves. Criticism of this definition: It is too broad, since not every loss or gain of control over information about us is a loss or gain of privacy. Privacy cannot be equated with control, because individuals exercise control when they voluntarily divulge intimate details about themselves and thereby relinquish their privacy. Definition 3 A right not to have undocumented personal information known by others W.A. Parent defines privacy as a state in which certain undocumented (non-public) facts about a person remain unknown by others. The facts must relate to information that a majority of individuals in a given society do not want widely known. The text contends that this is the most satisfactory definition of privacy. The Value of Privacy The mere fact that we desire privacy does not automatically mean that we are entitled to it. Philosophers and legal theorists have used both Utilitarian and Kantian arguments to show the value of privacy and to defend it as a right. Utilitarian Arguments 1. Some Utilitarians claim that harm is done to individuals when inaccurate or incomplete information about them is used by an employer in personnel decisions. The problem with this argument is that it assumes that the consequences of invading privacy produce more harm than good. In addition, some invasions of privacy, such as surreptitious surveillance, are objectionable regardless of the consequences. 2. Other Utilitarian arguments do not regard the harmful consequences as due solely to the misuse of information; rather, a certain amount of privacy is held to be necessary for the enjoyment of some activities. Invasions of privacy change the character of our experiences and, as a result, deprive us of the opportunity to gain pleasure from them. 3. Yet another Utilitarian argument is that privacy promotes a healthy sense of individuality and freedom among members of society and a lack of privacy can result in mental and emotional stress.

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BE Notes for Chapter 6

Kantian Arguments Kantian arguments revolve around the concepts of autonomy and respect for persons. For example, surreptitious surveillance may do no harm to a person but still diminishes a persons dignity and shows disrespect for that person. The victim: Loses control over how he or she appears to others, and If people form incomplete or incorrect impressions of us that we have no opportunity to correct then we are denied the possibility of being autonomous. Criticisms of this Argument: Not all instances where a person is unknowingly watched result in deprivation of that persons free choice. A Third Argument A more adequate justification, which combines Utilitarian and Kantian elements, derives privacy from an understanding of the way individuals are socialized in a culture. According to this argument, a respect for privacy with respect to some matters is an essential part of the socialization process through which individuals develop a sense of personal identity and worth. Justification of a Right of Employee Privacy In the workplace, the main threat to employee privacy comes from the personal information that employers gather in the ordinary course of business. Issues that determine whether an employer respects the privacy of employees or violates their right of privacy are: a) b) c) d) e) f) the kind of information that is collected; the use to which the information is put; the persons inside and outside the company who have access to it; the means used to gain the information; the steps taken to ensure its accuracy and completeness; and the access that employees have to information about themselves.

The Purpose for Information Gathering The justification for an employer possessing any personal information depends on the purpose for which the information is gathered. Companies are generally justified in maintaining medical records on employees, for example, in order to administer benefit plans and monitor occupational health and safety.

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BE Notes for Chapter 6

An Employee's Right to Privacy is violated if: 1. the personal information is gathered without a sufficient justifying purpose; 2. the information is known by persons who are not in a position related to the justifying purpose; or 3. persons who are in such unrelated positions use the information for illegitimate purposes. Resolving Disagreements about Purpose: Whether a purpose is legitimate can be determined by: a) Showing that it is necessary for the normal conduct of business. Thus, information that is necessary for complying with the law is legitimate. b) Asking what information both the employer and the employee need in order to form a valid employment contract. An employer is not able to freely contract with an employee without having some personal information, but other personal information is unnecessary for this purpose. Disclosure to Outsiders Generally it is morally objectionable for an employer to disclose personal information to an outside party without the employee's consent. However, neither an employer nor an employee can be said to own in the sense of having an exclusive and unrestricted right of access to and control of the information in a company's files. The Means used to gather Information A company must also justify the means used to gather information. Examples of Impermissible Means include polygraph tests, some integrity tests, constant monitoring, and pretext interviews. These procedures indiscriminately collect more information than is necessary and are often demeaning or degrading. Accuracy, Completeness and Access Inaccurate or incomplete information can result in decisions that are unfair to employees, and so steps should be taken to ensure both accuracy and completeness. One such step is to allow employees to have access to information about them so that they can challenge the information or protect themselves from the consequences.

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