Employee’s privacy concerns at workplace

Human kind, where on one hand is always curious to learn more and more about others life, be it personal or professional, on the other hand does not like others intruding their own privacy. Here, we will be mainly emphasizing on professional privacy concerns, that is, employee’s privacy at work.

In India ‘Employee privacy’ concept is not much developed. Compared to countries like USA, where they have laws like Electronic Communications Privacy Act to check intrusion in employee’s privacy, India still lacks specific legislation to safeguard privacy of the employees. The only remedy available is under Law of Torts where such intrusion into someone’s privacy is construed to be a civil wrong.

This has rendered Indian employee’s more vulnerable to privacy infringement threats. Nonetheless, the Supreme Court has clarified that the right to privacy is implicit in the fundamental ‘Right to Life’ as provided under Article 21 of the Constitution. ¹

US courts have upheld certain employee privacy violations which by and large have universal resemblance. These are intrusion, publication of private matters, disclosure of medical records, appropriation of an employee’s name or likeliness for commercial purposes, or extracting information pertaining to his/her personal life, specific choices, family issues, background, etc. ² Employees may either directly be compelled to release such information or it is obtained from other sources like by persuading their colleagues, etc.

Technological developments also are aid to employers as they have devises like surveillance cameras to keep an eye on their employees. Also, softwares are developed which help them monitor employee’s personal mails, their locations, etc. At times the companies even do this without the knowledge of employee.

It has been observed for long that employee’s privacy is mainly intruded as employers show concern regarding matters like data security, information outsourcing, enhancing employee’s productivity, performance evaluation, etc. ³

But indecisiveness always prevails as regards the degree of such surveillance on employees. Also, as the nature of contractual relationship affords wider powers to the employers whereby they can even extract unnecessary information from the employees which can be misused, is being questioned.

Whatever may be the excuse, but the end result comes out as invasion of employee’s privacy. It’s not just those in employment face privacy threat. Cases of privacy invasion are noticed at the time of selection and recruitment too. In the case of Neera Mathur v. LIC ⁴, wherein the Life Insurance Corporation required the women applicants to furnish personal details like their menstrual cycles, conceptions, pregnancies, etc. at the time of appointment was held to be a breach of privacy.

Agreed, privacy cannot be construed to mean that one is entitled to withhold all possible information regarding self from others, but rather to understand and decide on the legitimate extent, need and means of disclosure. It is essential for both the employers and employees to grasp the real essence of the very concept.
There is an urgent need to formulate a law for safeguarding the privacy of employees at workplace but till then, morality rather than ones conscience is the only tool which can play the part.

- Palak Lotiya (views expressed in the article are that of the author)