Ethical Decision Making:

Technology & Privacy

in the Workplace
KELOMPOK 5
1. Anastasia Wahyu U. 4. Nathalia Togimarito T.
2. Galih Adri S. 5. Verani
3. Muhammad Taufiqul R. 6. Zennyna Aristiya
01
Introduction
 Privacy
The right to be within a personal zone of solitude, and/or
the right to control information about oneself.

Employee Employer
02
The Right to Privacy
 Privacy rights
The legal and ethical sources of protection for privacy in personal data.

Employee felt that Employer accessed

his right to privacy his personal emails
was violated without his consent
Reciprocal obligation
Employee has an obligation to respect the goals and property of the
employer, the employer has a reciprocal obligation to respect the rights
of the employee as well, including the employee’s right to privacy.

Obligation :
Use the company's resources responsibly
for work-related purposes
Expectation Of Privacy :
Her personal data are private
Obligation :
Respect employee privacy rights
Legitimate Interest :
Company resource are used
efficiently
 Hypernoms Moral Free Space

Values that are

fundamental across That environment where
culture and theory. hypernorms apply to
ethical decisions
Ex: freedom of speech, the right to
personal freedom, the right to physical
movement, informed consent.
Property rights
The boundaries defining actions that
individuals can take in relation to
other individuals regarding their
personal information.
If one individual has a right to her or
his personal information, someone
else has a commensurate duty to
observe that right.
● Unauthorized Photo
● Personal Data Collection
 Legal Status of Employee Monitor
Telephone calls Monitoring is permitted in connection with quality control. Notice to the parties
on the call is often required by state law, though federal law allows
employers to monitor work calls without notice. If the employer realizes that
the call is personal, monitoring must cease immediately.

Email messages Under most circumstances, employers may monitor employee emails. Even in
situations where the employer claims that it will not, its right to monitor has
been upheld. However, where the employee’s reasonable expectation of
privacy is increased (such as a password-protected account), this may
impact the court’s decision.

Voice-mail-system Though not yet completely settled, the law here appears to be similar
to the analysis of email messages.
messages
Internet use Where the employer has provided the equipment and/or access to the
internet, the employer may track, block, or review internet use.
 Legal Sources of a Right to Privacy in the Indonesia
Constitutional Basis
● The primary source of the right to privacy in
Indonesia is Pasal 28G ayat (1) UUD 1945,
● This provision has been interpreted by
courts to include a right to privacy.

Statutory Protections
● Indonesia has several laws that protect the
right to privacy.
● These laws include the ITE Law, the Criminal
Code, and the IMGS Law.
03
Linking the Value of Privacy to
the Ethics Implications of
Technology
 PhoneDog Legal Suit..
Noah Kravitz, an employee of The case gains attention in
PhoneDog, leaves the company. He the media for its unique
had accumulated a significant nature, focusing on the
number of Twitter followers using ownership of social media
the handle "@PhoneDog_Noah" accounts and followers in the
during his employment. context of employment.

2010 2011 2012 2012

PhoneDog files a lawsuit against
Kravitz, claiming that the Twitter
account and its followers
constitute proprietary information
and are valuable business assets
owned by the company.
PhoneDog and Kravitz reach a
confidential settlement, resolving the
legal dispute. The specific terms of
the settlement are not publicly
disclosed.
A Business Needs To :
Aligning how technological
Able to anticipate the advancements with ethical
perceptions of its principles, societal values,
stakeholders. and individuals' rights to
privacy.
Assessing consequences
of technology use and the
development of ethical
guidelines to ensure
responsible and respectful
practices in the digital age
04
Managing Employees
through Monitoring
 Meet the team

Email Internet
Monitoring Use
Monitoring
The maintenance and
The maintenance and
either periodic or
either periodic or random
random review of e-mail
review of the use of the
communications of
internet by employees or
employees or others for
others based on time
a variety of business
spent or content accessed
purposes.
for a variety of business
purposes.
Risks in a failure to understand the
implications of technology and its use

Work From Texting and

Email Password Anywhere Screenshoot
Why Do Firms Monitor Technology
Usage?
Employers Employee
To protect proprietary Workplaces can be made
information (intellectual safer for workers and
property/data) pressure on employees can
To guard against theft be reduced.
To protect their investment Will allow employees more
in equipment and bandwidth transparency to prevent
To protect against legal sexual harassment.
liability
Monitoring Employees Through
Drug Testing
Monitoring Employees Through Drug Testing

Warning Signs of Drug Use

By The National Council on Alcoholism and Drug Dependence

Job Performance Workplace Behavior

1. Inconsistent work quality
1. Frequent financial problems
2. Poor concentration and lack of focus
2. Avoidance of friends and colleagues
3. Lowered productivity or erratic work
3. Blaming of others for own problems
patterns
and shortcomings
4. Increase absenteeism
4. Complaints about problems at
5. Unexplained disappearances from the
home
job site
5. Deterioration in personal
6. Carelessness, mistakes, errors
appearance or personal hygiene
7. Needless risk taking
6. Complaints, excuses, and time off
8. Disregard for safety for self and others
for vaguely defined illnesses or
9. Extended lunch period and early
family problems
departures
05
Other Forms of
Monitoring
BUSINESS REASON TO
LIMIT MONITORING
Monitoring could create a more
suspicious and hostile workplace
Monitoring arguably could reduce
effective performance because it can
cause increased stress and pressure
BALANCING INTERESTS
The employer to effectively and ethically
supervise the work employees do, to protect
against misuse of resources, and to have an
appropriate mechanism by which to
evaluate each worker’s performance, thus
respecting the legitimate business interest
of the employer.
Hawthorne effect
+ Knowing one is being studied might make one a better worker

- Philosopher William Parent looks at this question a little

differently and conceives the right to privacy more appropriately
as a “right to liberty.”
06
Regulation of
Off-work Acts

Even when employees have an unhealthy act,
employers can’t prohibit it.
→ individual autonomy & employees’ right to do what they
want with their bodies.
Tobacco At most, employers can only discourage smoking through
wellness services, health insurance policy, and such.
Use
Workers over a certain BMI were more likely to
develop certain medical conditions that could
incapacitate or impact their cognitive ability.
In most U.S. regions, employers are permitted to hire
people on the basis of weight if it doesn’t violate
Americans with Disabilities Act (ADA).
Weight
→ weight condition isn’t classified as disability.
Differences
Employer refuses to hire or can terminate a worker if spouse:
- works at the same firm → Anti Nepotism policy
- works at a competing firm → Conflict-of-interest policy
36% of workers have dated an office colleague
→ policies & attitudes on workplace dating.
→ concerns of sexual harassment & claims of retaliation
Marital & after a relationship is over.
Relationship
Status Dating isn’t a recreational activity
→ not protected from discrimination.
No federal law expressly bans discrimination on the basis of sexual
orientation or gender identity.
Do employers:
● Permitted to treat LGBT workers differently? → law-based
● Should treat LGBT workers differently? → ethics
Discrimination on any basis other than one’s capacity to do a job
Sexual effectively will make the employer be at a disadvantage
compared to its competitors who don’t.
Orientation
& Gender Prohibiting discrimination/harassment doesn’t endorse any
Identity individual, trait, characteristic, or lifestyle
→ protects individual dignity.
 Off-work Use of Technology
Monitoring and managing employee online communications while the
employee is off work is relevant to the issues of technology monitoring.

● An employee’s online posting of their workplace might impact corporate

reputation and inflict legal consequences.

● Employers have been known to dig deep into potential employees’ past social
media posts to learn about them → online persona!

● Question about whether it’s ethical for employers to seek out information
through online sources depends on local law.
07
Case: Being Smart
about Smartphones
● One afternoon, your team is pitching a new database system to a client.
The client’s CIO and CFO are both present.

● This pitch concerns an important sale so, while a colleague presents your
team’s slides, you watch the client’s team, CFO, and especially CIO
carefully for their reactions and take detailed notes on your smartphone.

● By the end of the meeting, you have typed up a brief report that will help
your team to prepare for the follow-up visit that is planned for the
following week.

● When you get back to your own office, your boss—the head of sales—is
waiting for you and said that the deal is broken. The client’s CFO is furious
and says that you spent the entire meeting fiddling with your phone
instead of paying attention.

● While your boss is speaking, you feel your phone vibrating. You are
expecting a call from another key client that doesn’t like to have to chase
you down. Of course, clearly this is not a good time to take a call. But it
also is not a good moment to lose a key client either. You know the phone
currently is set to ring with a sound after three vibrating alerts.
1. List the ethical issues that 2. Did you do anything wrong
are raised by the use of this morning in the meeting?
smartphones in the 1. Inability to establish prioritize.
workplace. 2. Not setting clear objective /
purpose when deciding to attend
1. Lack of Attention & a meeting.
participation 3. Permitting distraction to take
2. Data Security and place.
Confidentiality
3. Professionalism and Client
Perception
4. Balancing Client Priorities
5. Integrity and
Miscommunication
3. How might you have handled
your actions this morning
differently in order to prevent
the client feeling offended?
To prevent offense, you could have
excused yourself briefly to address
the urgent call, or set your phone
to silent mode.
Additionally, openly
communicating the reason for
using the phone for note-taking
could have clarified your actions.
4. At what point does
behavior some might
consider impolite cross the
line into unethical behavior?
Impolite behavior becomes
unethical when it hinders effective
communication, damage
relationships and professionalism
expected in a business setting.
5. What type of policy would you
suggest for an organization regarding
the use of smartphones in the
workplace, if any?
- Define unacceptable & acceptable use.
- Specify security measures & Privacy
Concerns
- Establish guidelines for smartphone use
during meetings, including expectations for
attentiveness and the importance of
avoiding distractions.
- Clearly outline the consequences for
violating the smartphone usage policy
6. Should the rules be different for
using smartphones during in-house
meetings versus during meetings
with clients or suppliers?
- Yes, it's often appropriate to have different rules
for smartphone use during in-house meetings
versus meetings with clients or suppliers
- Internal meetings may allow for more flexibility in
smartphone use.
- With client or supplier meetings often require a
higher level of professionalism and focused
attention.
- Clear communication about expectations and the
nature of smartphone use in different contexts
will help create a work environment that is both
productive and respectful of professional
relationships.
-
What will you do next? Will you answer your phone?
How will you answer your boss’s concerns?
● Address your boss's concerns honestly, explaining the purpose
of smartphone use for note-taking.
● Apologize for any unintended perception and assure him that
you value the client relationship.
● Consider adopting a proactive stance by suggesting guidelines
for smartphone use in future meetings.
● As for the incoming call, prioritize addressing your boss's
concerns first and then return the call at an appropriate time.
 Thank you!
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