| Summary: | 碩士 === 國立臺北大學 === 法律學系一般生組 === 96 === With the scientific and technological progress, employers monitor their employees to protect security, property, productivity and quality, and to prevent harassment, discrimination and violence, which produce the dispute of encroaching on the right of privacy. How to ensure the employee's right of privacy is a topic that is worth studying to give consideration to the interests of the enterprise employer at the same time. This study uses the literature analysis comparison method to examine the civil liability of employer monitoring and employee workplace privacy.
Chapter two introduces the meaning and content of the right of privacy. Secondly, chapter three introduces three common kinds of the privacy tort in the workplace traditionally separately , including telephone monitoring , video surveillance , and polygraph testing , and quote Title III of the Omnibus Crime Control and Safe Streets Act and Employee Polygraph Protection Act.
Chapter four discusses the issue of monitoring of e-mail in the workplace. In chapter five, this article introduces the civil liability effect of consenting to the privacy tort, and analyses the judgement of civil liability. In addition, this article proposes enterprise's management policy, the reference as enterprise's operation. Chapter six concludes all the conclusion.
In conclusion , this article suggests that should set up clear judgement standard of civil liability. After reviewing Taiwan’s legal system, we found that it has not had a express provision to the control behavior of the enterprise employer. In order to judging whether the employer's behavior is legal , we may referred the judgement way in which the norm, practice and theory of America and Germany set up to strong references and suggestions for Taiwan’s legal system on the legislation of related laws. In addition, the legal effect of consenting to the privacy tort should be asserted scrupulously, in order to ensure the employee's rights and interests.
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