Employee Privacy Rights Lawyer

Common Privacy Violations in The Workplace

The are several common privacy violations that occur in the workplace:

Monitoring Computer Activity: Generally, employers do have the right to monitor the use of company computers by company employees, including employee emails, computer files, and internet usage. Employers may not monitor employee computer activity that occurs on an employee’s private computer.

Video Monitoring: An employer can only use video monitoring if they have disclosed that they are using video. In order to use video monitoring they must disclose the extent and duration of the recordings to their employees. If an employer is recording employees without their knowledge, they are violating privacy laws. Additionally, employers may only use video recordings in areas where employees are performing work; they may not record any behavior that occurs outside of the workspace, including in the break room or the bathroom.

Call Recording: An employer may record employee phone calls that occur on company phones. As with video recording, in order to record phone calls on company phones, the employer must disclose to the employee that they are recording phone calls. If an employee is taking a private call on a company phone when company policy is to record calls, the employer may record a personal call. It is unlawful for an employer to record any phone calls on a private phone, or on a company phone if they have not disclosed their intent to do so.

Email Monitoring: An employer does have the right to monitor an employee’s email activity on their company email.

GPS: Employers have the right to use GPS tracking on company equipment and on employees who drive as part of their work. Employers must disclose their usage of GPS tracking. If an employer does not disclose that they are using GPS tracking to monitor employees, they may be violating their employee’s privacy.

Social Media: An employer can look at an employee’s social media that is publicly available. An employer may not request an employee’s social media account information or require an employee to show them their social media presence at any point before, during, or after employment.

Drug testing: Drug testing is allowed as an employment prerequisite or if an employee’s behavior indicates drug use. If used as a prerequisite for employment, all new hires must be drug tested; an employer cannot pick and choose who to test. In order to drug test an employee, an employer must have a drug testing policy already in place. It is illegal for an employer to drug test an employee without a reasonable reason to suspect drug use, or if the drug test is discriminatory in any way.

Be aware that your coworkers have the same rights to privacy as you do. It is illegal to record audio or video of your coworkers when they are not aware, or if they have a reasonable expectation of privacy.