Privacy

Workplace privacy is an important and growing concern for business. It is often difficult to sort through and understand privacy issues, considering the multitude of federal and state constitutional guarantees, limitations imposed by federal and state statutes, and case law. In addition, technology expands both employer and employee concerns about privacy rights.

This section explains the law and gives you the information to understand the issues and make sound, informed decisions respecting your employee’s rights while understanding your own rights. This knowledge will enable you to operate your business more effectively. This section thoroughly discusses all aspects of workplace privacy, including:

Constitutional law — the basis for the right to privacy.
Keeping employee information private — your obligations to your employees to protect their privacy.
Employee access to personnel records — employee rights to view, copy or receive information on themselves from your files.
Employee monitoring — the extent of your right to know what goes on in your workplace.
Records retention — the type of records you must keep and how long you must keep them.

Balancing Privacy Against Business NeedBalancing Privacy Against Business Need
To help balance your employees' rights to privacy with your company's legitimate business needs, review and carry out these four steps.

California Privacy Rights ActCalifornia Privacy Rights Act
The California Privacy Rights Act is a comprehensive consumer privacy law that requires covered businesses to follow strict privacy requirements with respect to the personal information they collect about consumers.

Federal and State Privacy ProtectionFederal and State Privacy Protection
The U.S. Supreme Court has recognized a right to privacy prohibiting unreasonable federal government intrusion upon personal freedom.

Monitoring EmployeesMonitoring Employees
Concern over inventory loss, customer service, drug and alcohol abuse, misuse of company facilities and equipment and illegal activity on company premises created an increasing desire to conduct surveillance in the workplace.

Protecting Employer InformationProtecting Employer Information
You must often give certain employees access to confidential information so they can do their jobs.

Social MediaSocial Media
Technology is being used for personal and business reasons at an unprecedented rate, and with that comes challenges for employers.