Laws have been put in place when it comes to employer intrusion into an employee’s personal life. Information regarding intrusion can be found in Section 652B of the Restatements of Torts.
Intrusion in a workplace could come in many forms, including physical searches of employees within the work environment, a dig into private facts, monitoring employee conduct, drug test and surveillance. Depending on the tracking mode, the law will determine whether or not the intrusion can be considered offensive to the employee.
Employee privacy rights are the rules and regulations that restrict how employers can search employees' personal belongings, track their actions, correspondence and lifestyle, especially to things not related to their workplace. The way and method of employee protection had become a greater interest in previous years, especially when the internet and social media was introduced to the world. This means that communication can be private, but in real sense, employees hardly keep the company’s information for personal use. Employers can conduct searches on computers owned by the company or social media accessed through computers.
Employees’ right to privacy in their workplace includes the worker’s activities and personal information at work. There are some legal obligations that companies have to follow in partnership with their employees. It is often the company that determines the employee’s privacy rights and is always included in the employment contract.
When it comes to employees' privacy rights, we have done so much in the past decades. With the government's support, private companies can no longer demand work overtime without pay, pay you less than the accepted minimum wage or work in an unsafe environment.
But while slavery at work may be a thing of the past, that does not mean employees can work at will at work- just as how employees have their right, so employers have their right too. For example, no law in the United States says employers should offer their employees a break during their shift. Discrimination based on race, colour or religion, identity, sexual orientation is not accepted by law.
Personal Information
The law was established to protect information held by government firms, not for those in the private sectors. The owners of private companies have the right to do what fits them with employee’s personal information. However, only court can request the release of personal information for investigation purposes in the case of crime. Some government regulators like the Texas Workforce Commission have recommended few rules to ensure that employees' sensitive information is safe.
Regardless, all employees' personal information such as characteristics, friends and family are expected to be kept private and confidential. The release of such information should be done for legal reasons, as earlier said. Investigate all inquires to obtain information and use the consent tick box for release forms. Store sensitive information safely, destroy old, obsolete documents.
Job References
The company has the legal right to disclose employee information to another prospective employer. However, sharing information with third parties is not recommended (date of birth, full mane, social security number, pay level and work schedule).
It is good to document who is requesting for worker’s information and reasons for needing it. It will also be professional if an employee in the department of human resources handles the inquiry. Employers will need the consent of the employee before such a sensitive document can be released.
Electronic Monitoring
A private company is allowed to track employees’ activities via the phone, laptops and emails. It is highly recommended all monitoring procedures are clearly defined, documented and consent given by employees. Suppose a private company decides to monitors computers and emails. In that case, it should be well stated that the employee has no privacy rights while using the company’s computers in accessing their emails.
Camera Monitoring
Laws guiding camera monitoring of employees have variations and could vary from one state to another. South Dakota, New Hampshire, Kansas, Maine and Delaware, for instance, all require the employees' awareness if there will be any video recordings, according to Mobile Video Law. However, in Tennessee, Florida, and Alabama have hidden cameras in public places within the company environment. But you must follow the law guiding the use of cameras in public areas. Checking the law relating to Camera monitoring in your state.
Web usage monitoring
The Human Rights Act 1998 also extends to the workplace; you have the right to be informed before web usage monitoring can be used during work time, and it should be included in your employment contract. This does not mean that you are legally enabled to utilize work pone, internet, or emails for personal reasons, but you might be given access to a particular communication system. Good employers will believe that their workers should be able to use company resources that include the internet such that personal use doesn’t interfere with work or affect the company's objectives.
If an employer is going to track your web usage, it must be clearly defined in a written document in advance, and you must have given consent for such monitoring. This can always be included in the company policy or employment contract. Sometimes, companies issue a warning on your computer as an automatic reminder.
Under the Regulation of Investigatory Power Act 2000, employers are prohibited from the intentional interception of emails without consent. This means employers cannot deliberately read the content of workers' email intended to be private, even if sent using the company’s email system unless required for legal reasons. However, this Act does not extend to actions on the internet. Internal communications that are connected to the phone system can be monitored for documentation purposes. It will be advisable to discuss it with the employees before such actions are carried out.
Conclusion
Breached of employee’s privacy rights can lead to many negative consequences, including an unproductive work force, disorganized mode of operation, or even a lawsuit. In order to maintain a harmonious relationship with your worker, it’s important to respect your employee’s privacy and get updated information regarding employee’s privacy right in your state.