Digital Law
Learning Objectives
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At the end of the workshop, participants will be able to:
A. Explain the element of digital law.
B. Identify an example of Human Resources practices being impacted by digital law.
C. Explain a strategy that Human Resource professional could use to deal with the digital law.
Overview of Digital Law
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Digital law is the element that deals with whether we think about the legal implications associated with our actions and behaviors when using technology (Ribble, 2015). This may include our use of emails, file-sharing sites, screen sharing, and software . For example, if we are able to download software from our company to use on our own personal home computers (e.g., Microsoft Office) then we need to make sure we are not giving access to this software to our neighbors, friends, and family members that are not eligible for such a download. A second example would be when using our professional email accounts and the networks provided by our institutions. We need to make sure this is always done in an ethical and legal manner. This is much easier for us to be mindful of doing when it is clearly defined to use what is legal to do and what is not when it comes to technology. However, this is not always clear to everyone so institutions need to provide education and training in this area.
Connections to Digital Citizenship Theme
In the field of Human Resource Management (HRM), the element of digital law should be a consideration when developing your HRM practices. Digital law stems across various HRM issues, such as using email in a professional manner or downloading software in a legal and appropriate manner. Having a code of conduct and acceptable user policies is a strong place to start in any organization. However, there are some issues that are more serious that demand its own attention and policies. Two such problems are stealing someone's identity and misuse of company email.
The issue of stealing someone's identity (or identity theft) is often associating with taking out credit in the name of someone else or using their credit cards in an unauthorized manner. However, in the workplace, this may also include: using someone login to send out emails in their name , using someone else's credentials to gain access to materials, supplies, or propriety information, and even stealing the health benefits data for someone else . HR professionals need to make sure they are expanding their definition of identity theft and the implications for not only our personal lives but for our professional lives as well. Strict guidelines need to be established about protecting own's professional credentials, logins, passwords, or accounts. This is especially important when remote access to your company's networks, servers, or systems are allowed.
The issue of stealing someone's identity (or identity theft) is often associating with taking out credit in the name of someone else or using their credit cards in an unauthorized manner. However, in the workplace, this may also include: using someone login to send out emails in their name , using someone else's credentials to gain access to materials, supplies, or propriety information, and even stealing the health benefits data for someone else . HR professionals need to make sure they are expanding their definition of identity theft and the implications for not only our personal lives but for our professional lives as well. Strict guidelines need to be established about protecting own's professional credentials, logins, passwords, or accounts. This is especially important when remote access to your company's networks, servers, or systems are allowed.
The second example where HR professional need to be attentive is regarding email use. Employees need to understand that the "innocent fun" that can result from forwarding a joke to other colleagues can actually spread viruses or worse install malware across the company's system. Further, employees need to be aware that the use of company email or personal email using the company's networks to send inappropriate pictures, threats, or harassing messages will not be tolerated and legal actions will be taken if permitted. The guidelines for the use of email and the use of company's system need to be establish and all need to be trained on the parameters for use.
NPR Radio Audio Broadcasts
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The following are podcasts from NPR that highlight several of the issues you just read about regarding digital etiquette and the impact on HR professionals.
NPR Broadcast #1
Headline: The Black Market for Stolen Health Care Data
Published date: February 13, 2015
Time length: 4:55
The Link to the transcript is below:
Published date: February 13, 2015
Time length: 4:55
The Link to the transcript is below:
Summary of NPR Broadcast #1
This podcast discusses how many are trying to hack into companies where security breaches have occurred to steal health care data. Unfortunately, this is a growing business where millions are being made. Someone sold 10 Medicare numbers for about $4700.oo. This is beginning to receive more and more attention in the media and the security world.
This podcast discusses how many are trying to hack into companies where security breaches have occurred to steal health care data. Unfortunately, this is a growing business where millions are being made. Someone sold 10 Medicare numbers for about $4700.oo. This is beginning to receive more and more attention in the media and the security world.
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NPR Broadcast #2
Headline: Sending Your Lawyer an Email from Work?
Published date: September 19, 2011
Time length: 3:$5
The Link to the transcript is below
Published date: September 19, 2011
Time length: 3:$5
The Link to the transcript is below
Summary of NPR Broadcast #2
This podcast describes how a confidential information can be compromised if employees use their work emails to contact their personal attorney for a personal matter. An interesting example of a case is provided where an employee is communicating from work over her company email to her attorney that she wants to sue her employer for pregnancy discrimination and sexual harassment. When the complaint is filed, the company uses the email trail as part of their defense. The emails were not protect since the expectation of confidentiality was not provided in this workplace.
This podcast describes how a confidential information can be compromised if employees use their work emails to contact their personal attorney for a personal matter. An interesting example of a case is provided where an employee is communicating from work over her company email to her attorney that she wants to sue her employer for pregnancy discrimination and sexual harassment. When the complaint is filed, the company uses the email trail as part of their defense. The emails were not protect since the expectation of confidentiality was not provided in this workplace.
References
Ribble, M. (2015). Digital citizenship in schools: Nine elements all students should know (3rd ed.). Eugene, Oregon: International Society for Technology in Education.