Data Privacy Issue in an Organization and Legal Perspective Measures
Title: Data Privacy Issue in an Organization and Legal Perspective Measures.
Authors: Kimberly W. O’Connor, JD and Gordon B. Schmidt, PhD – Indiana University-Purdue University Fort Wayne. Corresponding author: Kimberly O’Connor at [email protected].
There is no doubt that social media and data protection are fundamental to the enterprise in the digital Internet environment, including people, things and services (IoPTS). All the things that positively and negatively affect organizations, from social media employers to candidates selected social media practices (with potential legal actions) and data protection issues. Several incidents concerning the personal use of social media by workers have given rise to further applications of current legislation and to a few state law safeguards to shield employees. The confidentiality of data includes concerns about how information from multiple organization-linked devices is treated. The government takes the appropriate actions to avoid the potential blame for unfair practices on employers; it forbids an employer from forcing an employee to modify their social media anonymity as an “official” requirement. The rights of the contractor to control employee’s data are expressed. It identifies steps for data collection or utilization. It describes the programs’ practical use. Highlights measures that apply to data collection or usage, to who and under whatever purposes to use. It clarifies how the company protects its workers’ records. Personnel must be trained in the protocol as well. More research on how employees and the public see business practices using information efficiency in social media is essential.
Issue Description / Stakeholder Analysis:
The growth in social media is part and parcel of the overall pattern of a society in which individuals, objects and services often interact via the Internet of People, Things and Services (IoPTS), an interconnection mechanism. Today, the globe’s social media usage is about 2 billion. The figure is projected to rise to 2.6 billion by 2018 (Kang & Cuff, 2005). Statisticians also expect an increase in the percentage of social media consumers because smartphones and app stores are making it easier for people to access social media (Kang & Cuff, 2005).
Social networking users create massive quantities of data every day. For instance, Face book estimates that every 24 hours, about 300 million photos are posted to its website. Twitter estimates that more than 330 million tweets are sent every day from individuals or brands (Kang & Cuff, 2005). The metadata, including the location of the individual or timing of the day, contains each image, notification status or tweets, among other details. The metadata is a fundamental time knowledge that organizations, law enforcement authorities, or the state will gather and use.
The issue of data privacy is becoming more exciting and challenging. According to recent statistics, both employees and managers use social networks positively and negatively (Perera et al., 2015). Employers, for example, may use digital tools for recruiting and marketing, increase staff engagement, and promote business connectivity, among other things. On the other hand, employers may be worried that those workers use social media for non-work-related reasons or sharing material that may negatively impact the organization. Similarly, workers can jeopardize an organization’s confidential information while accessing their work accounts from an unsecured network because of the ease of communication. Data privacy and other issues have prompted various companies to adopt corporate social media rules to regulate workers.
However, from a business perspective, having a social media policy in effect will not be enough to improve employee behaviour when future compliance problems may occur. When workers have been prosecuted for their social media activities, legal challenges surrounding topics such as worker protections, anti-discrimination rules, free speech rights, and the National Labor Relations Act (NLRA) have arisen. Cases of breach of privacy and infringement of state and federal electronic communications regulations have also happened where a company accidentally shared sensitive employee documents(Lee & Kwak, 2012).
Concerning data protection, people operate different artefacts that exchange knowledge in a computer world with individuals linked to the internet. Pervasive computation refers to ordinary gadgets integrated with the microprocessor system, not just mobile phones or servers. These products include appliances, GPS activated devices, Apple watches, health equipment, etc. (Kang & Cuff, 2005). The information created and collected continuously by these devices raises numerous legal questions relating to the ownership of the devices or the possession of the information generated. However, robust data protection and content legality architecture are always multiple steps underneath the technology itself. It is a challenge when managers make hiring decisions using this material since there are minimal legal provisions for the welfare of employees.
Smart devices, so fundamental to the IoPS and is increasingly prevalent in the office, complicate this issue. Intelligent devices may disclose essential details about the actions of workers, whether or not it is deliberate (Perera et al., 2015). GPS-enabled systems, for example, may warn workers that workers are not in the workplace as required. Social networking post timestamps can indicate that employees “surf the net” while working on organizational tasks. Wellness program information such as Fitbits can expose health problems to an organization without the knowledge of an employee. These are all cases where workers can collect data from intelligent machines that can be used to make decision-making at work. It becomes particularly troublesome if the information obtained applies to legal groups of employees, such as those covered by anti-discrimination legislation Title VII, the American Disability Act and the Genetic Information Non-Public Information Act (GINA), for instance.
A course of Action:
Protection of employee confidences from interference into personal social media profiles might requires State law provisions to be enacted. In 20 states, for example, password authentication laws have been passed (Lee & Kwak, 2012). These regulations safeguard workers against the employer’s specific user name and authentication requests for the employer to access the individual social media sites of the staff. Some states also prohibit an employer from requiring an employee or a candidate to change their social media confidentiality to “official” as a work condition. However, state legislation catches up protecting employee privacy because companies may keep one step ahead of the law or effectively bypass it, simply modifying how details on the social networking platform can be collected (Landers & Schmidt, 2016).
This party is also accounted responsible for enacting the specified laws: Special surveillance protocols, whether GPS, email, wearables, healthcare systems and other policies, should be developed for employers. The protocol should express the appropriate use of the office against the personal use of applications. Therefore, the legislation must state the employer’s rights explicitly to use, track and wipe computers and access personal data.
The rules of privacy and all federally protected measures applicable to the storage or use of data must be known to employers. They must also identify which employees may have access to data gathered and processed (Van Iddekinge et al., 2016). They must be precise about how and for what reasons these workers can use information. Employers must also clarify how the organization protects personal data about its employees.
Staff must also be educated on the policy. It covers the nature of legislation, policy reasoning and the use and purpose of the policy. Therefore, it is prudent to include explanations of permissible and unacceptable uses and educate staff about their legal rights and responsibilities for data storage and data use. Policies must be systematically enforced to prevent possible responsibility for unfair activities by employers. Employees must also be educated early and regularly in policy during their work period, notably, if policies are revised or updated by the company (Perera et al., 2015).
More study is required on how workers and the public view corporate activities. There are some potential practical guidelines in terms of social media, privacy and IoPTS analysis. Several legal proceedings were social, and organizations may take other IoPTS data. The fact that an action is lawful does not mean, though, that staff or the public approve or consider it as necessary. Organization, however, has so far no study examined these views, perhaps does not want to take measures that are seen unfavourably. Some researchers reviewed the assumptions of cessation judgments and concluded that many legitimate uses of social media were unfavourably explored in these decisions (Van Iddekinge et al., 2016). at the same time, others looked at responses to social media tracking and found that participants perceived the use of surveillance as more equitable and less intrusive (Kang & Cuff, 2005). Both scholarly and internal study in the organization of social media and IoPTS will want to explore their reactions to various organizational uses. Research in this field will bring organizations, quite reasonably, to the view that the reputational loss is not worth the benefit gains from using social media and data tracking.
The efficiency of information use is another important field in which analysis is needed through social media. While rationales for how such use of data could be beneficial have been developed, little evidence suggests that service is often helpful. For example, a study found that social media results are unpredictable of working success and may lead to undesirable effects in one of the few published observational research on the use of social networking sites in the selection (Landers & Schmidt, 2016). Empirical work to analyze whether it is helpful for organizations and the current data forecasts are expected for some programs.
Kang, J., & Cuff, D. (2005). Pervasive computing: embedding the public sphere. Wash. & Lee L. Rev., 62, 93.
Landers, R. N., & Schmidt, G. B. (2016). Social media in employee selection and recruitment. Theory, Practice, and Current Challenges. Cham: Springer International Publishing AG.
Lee, G., & Kwak, Y. H. (2012). An open government maturity model for social media-based public engagement. Government information quarterly, 29(4), 492-503.Schmidt, G. B., & O’Connor, K. W. (2015). Fired for Facebook: Using NLRB guidance to craft appropriate social media policies. Business Horizons, 58(5), 571-579.
Perera, C., Ranjan, R., Wang, L., Khan, S. U., & Zomaya, A. Y. (2015). Big data privacy in the internet of things era. IT Professional, 17(3), 32-39.
Van Iddekinge, C. H., Lanivich, S. E., Roth, P. L., & Junco, E. (2016). Social media for selection? Validity and adverse impact potential of a Facebook-based assessment. Journal of Management, 42(7), 1811-1835.
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