Company Digital Ethics and Privacy Concerns

Company Digital Ethics and Privacy Concerns

Nicole M. Gayles

University of Alabama

CSM 447: Advanced Digital Tools

Professor Amy Baggett

February 26, 2021

Company Digital Ethics and Privacy Concerns

A little less than two decades ago, social media websites like Myspace and Facebook

emerged and drastically changed the way humans communicated and shared information forever.

According to Tankovska, as of 2019, 79% of the United States population reported having a

social media account (2021). Due to the advent of this new way of communicating, workplaces

were naturally affected by this. As with any new invention, society, namely workplaces, have

struggled with the proper way to handle social media's impact on society. As a platform for the

sharing of ideas and personal views, people are able to freely and creatively express themselves.

While this is innocuous itself, an employer, or potential employer, could use this information

against the sharer. The extent to which an employer can observe and use this information, is a

matter of digital ethics.

According to Merriam-Webster (n.d.), ethics is the manner expected of a person or group

of people to operate within. Before the proliferation of the internet, ethics in the workplace was

simply how one would conduct themselves while at work and in a physical manner. This

definition for ethics still is applicable today; however, it encompasses any form of representation

of one's self, including digitally. To understand how digital ethics affects today's workforce, it is

essential to understand the current and emerging issues that exist and the standards and policies

currently in place.

Literature Review

Current Issues

The primary digital ethics issue that affects all people is privacy while using social media

in any capacity (Auxier et al., 2019). However, it is even more pressing when these privacy

concerns can affect one's livelihood. In an effort to maintain their image, businesses will pierce
Company Digital Ethics and Privacy Concerns 3

the perceived veil of privacy to inspect their employees or future employees. In a survey of U.S.

recruiters in 2011, Eills found that 91% used social media sites to assess prospective employees

(as cited in Vroman et al., 2015). The use of social media for this purpose can lead to ethical and

legal violations. While reviewing the social media pages of potential employees on its face seems

to be a way to choose the best candidates, it can result in biases or discrimination that

overshadow one's qualifications.

Furthermore, some employers began requiring applicants to add them as a "friend" or

give them their passwords to access these social media accounts. Twenty-three states still allow

employers to demand this of their applicants or employees (Reuters Practical Law, 2019).

Having full access to the accounts enables the employer to view all aspects of the social media

account, including information that the public nor the person's "friends" would not be privy to.

Full access to someone's social media page is a gross violation of the employee's privacy. If an

employee is vigilant enough to restrict the viewers of their personal account, they have proven

that they are cognizant of the importance of maintaining a professional appearance, which is

good for the business. Though a company may gain useful insight into their employees' thoughts

and private opinions, this delves too deep into their privacy.

An equally significant aspect of employee monitoring is the electronic surveillance of

employee's computer or cell phone activity. Companies can monitor all activity on a device or

specific areas like email, messages, and GPS location through applications and other technology.

According to Berzinya, keylogger software compiles words typed on a computer or phone and

can be programmed to collect data when specific keywords are typed or for anything typed on

the device (2020). Furthermore, Waddell states companies will monitor GPS locations of their

employee's business and personal phones (2017). GPS monitoring allows them to track their
Company Digital Ethics and Privacy Concerns 4

employee's location to ensure that they track their mileage and worktime honestly (2017). As

with all other forms of digital monitoring, using these technologies to surveil an employee

requires the employer to be ethical in discerning what is appropriate to monitor.

Standards and Policies

In analyzing these ethical considerations, it is essential to look at how the laws impact

businesses' observation of employees' social media activities. The Electronic Communications

Privacy Act (ECPA) of 1986 was the first law to address privacy on the internet. According to the

United States Department of Justice, under ECPA, an employer is well within their rights to

monitor any activity on the employer's computer systems or internet access (2019). However, the

ECPA does not directly apply to many aspects of social media use in the workplace. In the case

that no specific laws apply, courts have used other existing regulations and statutes when

deciding cases dealing with social media sites (Kaupins and Park, 2010).

While existing United States laws do not directly constrain businesses from invading

employees' social media privacy, companies must follow other laws when they take place on the

businesses' online social networking sites. For example, the National Labor Relations Act

(NLRA) upholds that employers cannot prevent employees from utilizing the company's social

media page as a means of unionizing or protecting themselves from management (as cited in

Kaupins & Park, 2010). Though, companies can also be held responsible for not moderating and

addressing activity on their social media account if they are for the purpose of employees

conversing (e.g., addressing harassment) (Kaupins & Park, 2010). Furthermore, businesses that

operate in other countries must comply with the social media policies that are in place in that

country (Thomas Reuters, 2018). Since there is no federal law directly protecting employee's

social media from business observation, some states have stepped up to address the issue.
Company Digital Ethics and Privacy Concerns 5

Without any all-encompassing law for social media, states began introducing their own

legislation regarding social media as of 2012 (Greenberg, 2014). The states' initial legislation

was directed at businesses to deter them from requiring access to an employee's or potential

employee's social media accounts (NCSL, 2020). There are presently over 20 states with such

legislation in place (NCSL, 2020). The lack of federal or state laws to discourage employers

from this unethical act can lead to unnecessary reputational harm for the applicants or

employees. Given that, businesses should refrain from using overly invasive techniques when

researching their employees.

Conclusion

When social network sites first came into existence, there would be no way that anyone

could have forecasted what it would become or to what degree it would affect our lives,

including the ethics for a business in the digital space. It is now imperative that a company be

aware of the current and emerging issues and standards of social media use in the workplace.

Companies need to use this information to inform their decisions on appropriately using social

media sites within their workplace.

References

Auxier, B., Rainie, L., Anderson, M., Perrin, A., Kumar, M., & Turner, E. (2019, November 15).

Americans and privacy: Concerned, confused, and feeling lack of control over their

personal information. Pew Research Center.

https://www.pewresearch.org/internet/2019/11/15/americans-and-privacy-concerned-

confused-and-feeling-lack-of-control-over-their-personal-information

Berzinya, A. (2020, November 27). 16 worst and most extreme ways employers are spying on

their people. Turtler. https://turtler.io/news/16-worst-and-most-extreme-ways-employers-

are-spying-on-their-people

Greenberg, P. (2014, April). Social media privacy laws. National Conference of State

Legislatures (NCSL), Vol.22(16). https://www.ncsl.org/research/telecommunications-and-

information-technology/social-media-privacy-laws.aspx

Kaupins, G., & Park, S. (2010). Legal and Ethical Implications of Corporate Social Networks.

Employee Responsibilities and Rights Journal, 23(2). https://doi.org/10.1007/s10672-

010-9149-8

Vroman, M., Stulz, K., Stulz, E., & Hart, C. (2015). Employer liability for using social media in

hiring decisions . International Interdisciplinary Business-Economics Advancement

Conference, 3, 200–208. https://doi.org/ISSN: 2372-5885

Merriam Webster. (n.d.). Ethics. In Merriam-Webster.com dictionary. Retrieved February 20,

2021, from https://www.merriam-webster.com/dictionary/ethic

National Conference of State Legislatures (NCSL). (2020, July 7). Social media privacy laws.

https://www.ncsl.org/research/telecommunications-and-information-technology/social-

media-privacy-laws.aspx
Company Digital Ethics and Privacy Concerns 7

Tankovska, H. (2021, January 28). Share of U.S. population who use social media 2008-2019.

Statista. https://www.statista.com/statistics/273476/percentage-of-us-population-with-a-

social-network-profile

Thomas Reuters. (2018, August 21). Social Media Privacy Laws. Findlaw.

https://www.findlaw.com/consumer/online-scams/social-media-privacy-laws.html

Thomson Reuters. (2019). Employer access to social media accounts state laws chart: Overview.

Practical Law. https://1.next.westlaw.com/2-521-6621?__lrTS=20210216060117318

Waddell, K. (2017, January 06). Why bosses can track their employees 24/7. The Atlantic.

https://www.theatlantic.com/technology/archive/2017/01/employer-gps-tracking/512294

U.S. Department of Justice. (2019, April 23). Electronic Communications Privacy Act of 1986.

Justice Information Sharing. https://it.ojp.gov/privacyliberty/authorities/statutes/1285

Vroman, M., Stulz, K., Stulz, E., & Hart, C. (2015, March 28). Employer liability for using

social media in hiring decisions. International Interdisciplinary Business-Economics

Advancement Conference, 3, 200-208. DOI: 10.5038/2372-5885-v3