Protection of privacy is an important issue and one that has often been
passionately debated in political, social and business circles since
privacy is no longer a free commodity. There was once a time when we could
take privacy for granted but with advanced technology and better modes of
communication taking over rapidly, privacy has become a debatable issue and
the most serious concern of business organizations is how should privacy be
protected without compromising the organizational need for security.
In his article Right to Privacy in the Workplace in the Information,
Lloyd Rich (1995) maintains that while the constitution doesn't explicitly
grant rights to privacy, Supreme Court has over the years advocated more
privacy and has supported the individual's right to a private right under
Fourth Amendment. The main concern of employees today is protection of
their private communication conducted through and saved on computers. The
email that an employee sends is meant for the recipient only and he world
thus not appreciate it being intercepted by the employer. However the
employer feels that for the sake of the security of the entire
organization, it is his duty to monitor private communication. The dilemma
arises: should we allow the employers to invade our privacy or should be
invoke our constitutional rights to privacy and stop any violation of the
This article helps us understand what exactly are our privacy rights under
the constitution so we can protect them if an employer seeks to violate
them. Rich explains that Fourth Amendment doesn't offer complete protection
of privacy in private employee-employer cases. In other words, he maintains
that Fourth Amendment applies where government is the primary "actor". If
government is involved in illegal searches and seizures, we can invoke
privacy rights under 4th Amendment, however the same doesn't apply to civil
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