Monday, November 23, 2009

Justices Back Employer in Privacy Case : Hernandez vs Hillsides.

Is it fair to have hidden camera in a working area? A company named Hillsides. Inc., that operated a residential centre for abused and neglected children in Pasadena, installed a hidden camera to catch someone downloading pornography late at night. The California Supreme Court backed the employer. The court claimed the center had responsibility to protect the youngsters. Abigail Hernandez and Maria Jose Lopez filed the suit against the company. They said they were surprised and upset when they discovered the company had installed the hidden camera. Furthermore, they believed tthe employer had invaded their personal rights in the office. Hernandez said before she went to the gym sheget dressed or changed clothes in the office and Lopez said sometimes she raised up her shirt and showed her tummy and breast to her friend to prove that she was getting better after pregnancy.However the Camera was never on at these times.
The Court found that, the camera was only on at night and never recorded or taped the women. The Court also commented that the ladies never suffered any real harm. Mark S. Eisenberg, who represented the women, describes this is a “a step backward for civil liberties in the workplace” On the other hand, Paul W. Cane who argued for the California employer says he felt happy because the court recognized the employer’s right to guarantee that the company’s computers are not misused.
The court found there is a tight to privacy but the Camera is permissible because it is a narrowly tailored instrusion to protect the children in the treatment center.

Link:

http://www.lexisnexis.com.library3.webster.edu/us/lnacademic/results/docview/docview.do?docLinkInd=true&risb=21_T7946830746&format=GNBFI&sort=RELEVANCE&startDocNo=1&resultsUrlKey=29_T7946830749&cisb=22_T7946830748&treeMax=true&treeWidth=0&selRCNodeID=127&nodeStateId=411en_US,1,59&docsInCategory=15&csi=306910&docNo=6

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