Basic Privacy Issues in the Workplace

By Barrie Gross, Esq.

Generally speaking, privacy rights are granted (if at all) by specific laws, rules, or regulations. Some of those rights apply in the workplace and some don't. And even if there is no specific law, a right to privacy can be based on the legal common law concept of having a "reasonable expectation of privacy." For employers and employees, privacy

issues have become increasingly prevalent in the workplace, and with the increased use of electronic resources, privacy at work is even more complex. So it is important that managers and supervisors have a basic understanding of a few of the more frequent privacy rights and issues that can arise, as well as the boundaries that may apply.

There are several areas of human capital management in which privacy rights are established. Whether federal, state, or local law creates the right, you should be aware of the issues. Here is a general overview:

Personnel Records: Employees generally have a right to privacy in their personnel records, except in a few specific circumstances. That means employers are generally not permitted to disclose personnel records to third parties without a legal obligation to do so or the employee's permission. The right can be found in state statutes, codes, or by judicial case law. Also, employees in most states have the right to request access to their personnel files upon proper notice.