(Edited) WORKPLACE PRIVACY

Can employers search your locker? Your desk? Your briefcase? Can they install video cameras? Where? Can they include audio? Can they monitor your email messages? What about your telephone conversations?

Sources of Privacy Rights Public Employees Constitution 4th Amendment Search & Seizure Privacy Act Electronic Communications Privacy Act (also private employees) Private Employees Public policy Tort Law: Defamation Invasion of privacy Specific statutes Smoking, etc. C.B.A.

Georgia Statute O.C.G.A. §16-11-62 Prohibits recording conversation in a clandestine manner. Prohibits using device to observe persons in a private place. Exception for security & crime prevention

Tort law protections Invasion of privacy Defamation Breach of contract Employers may regulate employees’ off-work activities when workplace performance is affected

Privacy Protections: Common Law Whether there is a reasonable expectation of privacy is a case-by-case determination based on policies, practices, and other circumstances. Most states recognize the following privacy torts: Intrusion upon seclusion Public disclosure of private facts Placement in a false light Appropriation of a name or likeness

Monitoring & Surveillance of Employees In general, employers can train video cameras on their employees without significant legal concerns, at least in places open to view. Employers must not conduct surveillance of employees engaged in protected concerted activities, including union organizing. Recommended: If your firm uses video monitoring, inform employees that they are subject to monitoring and surveillance, even though such notice may not be legally required

See Smyth v. Pillsbury Co., 914 F.Supp. 97 (E.D.Pa., 1996).

Computer Policy-What should be included? Employer remains owner of equipment All files and equipment may be searched by employer at any time & w/o notice Password-protected and confidential files can be searched. Publish policy Obtain signed acknowledgements from users. Regularly remind users of policy.