This document discusses electronic eavesdropping and employee privacy issues in the workplace. It begins by defining electronic surveillance and notes that close to 80% of companies monitor employee email and communications. Both the pros and cons of surveillance are discussed. While monitoring can increase productivity and protect companies from lawsuits, it can also damage trust between employers and employees. The document outlines what types of surveillance are legal and illegal according to privacy laws and considers how technology is making monitoring easier. It provides guidance on investigating employees properly and avoiding common mistakes.

1. Electronic Eavesdropping in
the Workplace
Employee Privacy Issues and E-Surveillance Practices
Timothy Dimoff, CPP, President, SACS Consulting

9. http://i-sight.com/resources/ce-webinar-library/

10. Timothy Dimoff
Timothy Dimoff, president of SACS Consulting &
Investigative Services, Inc., is a speaker, trainer and
author and a leading authority on high-risk workplace
and human resource security and crime. He is a
Certified Protection Professional, a certified legal
expert in corporate security procedures and training,
a member of the Ohio and International Narcotic
Associations, the Ohio and National Societies for
Human Resource Managers, and the American
Society for Industrial Security. He holds a B.S. in
Sociology, with an emphasis in criminology, from
Denison University.

11. What is e-surveillance?
• The acquisition of information by an electronic,
mechanical or other surveillance device for any
content of any communication without the consent of
either party but legally permissable under state
and/or federal guidelines

12. Close to 80% of companies admit to monitoring
employees’ email, internet and phone records
--- ABC News

13. Productivity is a primary concern for employers
who feel their employees bring too much of their
personal lives to the workplace

14. The number of investigations using surveillance is
increasing substantially every year!

15. Why use electronic surveillance?

16. Types of surveillance
• CCTV
• Legal wiretapping
• Cameras
• Digital video equipment

17. There are PROs and CONs to consider

18. Positive use in the workplace
• Monitoring of internet usage for
appropriate work protocols
• Productivity issues
• Inappropriate places issues
• Workplace harassment, bullying,
violence, etc.
• Produce email and Web records to
defend against lawsuits

19. Cons
• Affect relationship between
employer and employee
• Work culture should foster trust
• Employee privacy

20. Consider whether the surveillance impairs trust or
affects relationships

21. Email
• 24% of employers
have had email
subpoenaed by courts
• Many companies have
battled workplace
lawsuits triggered by
employee email

22. What is legal?
• Wiretapping requires a wiretap order (like a
warrant) or its illegal

23. Legal Issues

24. 4th Amendment rights
• Protects citizens privacy rights for situations in which
person has a legitimate expectation of privacy
• Affects “bugging” a phone
• More leeway in a public place than in a private
place

25. Workplace privacy issues vs.
employee rights
• Camera/video
• Phones
• Recording devices

26. If you monitor, you must let
employees know?
• Phone calls
• Vehicle GPS tracking
• E-mails

27. New technology makes
surveillance easier
• Track app use
• Web browsing activity
• Keystrokes
• Time spent a work
station

28. They’re watching…
• Crossover takes photos
of workers via webcam
every 10 minutes
• Qumram monitors all
activity on employee
devices

29. Employees have no expectation
of privacy in connection to data
stored in devices owned by the
employer

30. What you can do - individual
• Gather information
• Addresses
• Businesses owned
• Education and employment history
• Family history
• Property holdings
• Marriages and divorces

31. What a company cannot do:

32. Record a conversation:
• Different states – different laws
• Where one party has knowledge?
• Where both parties have knowledge?

33. Four privacy rule
• Intrude into private areas (e.g. a locker or desk
drawer), or dressing area
• No inquiry about sexual orientation
• Don’t disclose private facts about employee
without permission
• Don’t portray an individual in a false light (allege
criminal activity)
• Use an employees name, photo, without obtaining
the consent first

34. Social media?
• Hack into a “private” social media or
email account v. a “public” account

35. Background & Credit Checks
• Must obtain applicant’s or employee’s
permission

36. Why would an employee
investigation fail?

37. Common investigation mistakes
• Failure to plan
• Ignoring complaints
• Delaying investigation
• Losing objectivity
• Becoming distracted during interviews

38. Common investigation mistakes
• Being overly aggressive in interview
• Not conducting a thorough investigation
• Failure to reach a conclusion
• Failure to create a written report
• Failure to follow up with those involved

39. PEACE Method
• A relaxed and comfortable person will
cooperate with the investigation and
tell the truth

40. In the end...your company will be
known for your ethics and integrity.

41. Surveyed companies state that more
than 25% have fired employees for
“misusing” inappropriate email
content or internet usage
--- ABC News

42. Questions & Answers
?

43. Thank-you for participating
If you have any questions, please feel free to email them to:
Timothy Dimoff, President, SACS Consulting
tadimoff@aol.com
Websites: www.sacsconsulting.com/
www.timothydimoff.com/
Blog: http://liferage.com/
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Joe Gerard, Vice President Marketing and Sales
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