Employee privacy: What are your rights?

There are privacy rights governing an employee’s personal information as well as activities in the workplace. Here are some of them: 

Image source: Pixabay.com


Use of personal information 

The law protects private information held by government agencies, and not private firms. In the private sector, it is up to the employers to act in good faith in handling employee information. It is widely known, however, that employee details should only be released to those needing it for legitimate as well as legal reasons. 

Electronic monitoring 

Companies are allowed to monitor phone, computer, and email use among employees, and it is generally recommended that these policies be transparently defined and communicated to them. They usually state that employees have no expectation of privacy while on company property or using company resources. 

Drug and alcohol testing 

This is permitted within private firms, although records cannot be released legally. A company needs to have a known drug policy in order to prevent legal action.

Personal searches 

Private companies should have policies allowing them to search employees, their workspace, or property, including cars parked on company property. Bodily search is deemed particularly risky and should never be done using force. A personal search may result in legal actions against the employer. 

Camera monitoring 

This is a private company’s legal right, but it should disclose its monitoring activities to all employees and get written acknowledgement from them. Cameras, though, should not be placed inside locker rooms and rest rooms. 

Image source: Pixabay.com  

Daniel E. DeKoter is an attorney specializing in civil litigation, business and employment law, and estate planning. Learn more about his practice areas on this page.

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