Basic Privacy Issues in the Workplace

Monitoring and Eavesdropping: There are extensive anti-eavesdropping laws that prohibit tapping into or listening to telephone conversations, voicemail systems, and electronic communications

systems. For example, some states have civil and criminal statutes that require both parties to a telephone conversation to consent to being recorded or listened to, while other states require that only one party consent. Surveillance by camera is also subject to various legal requirements regarding notice and disclosure to employees.

• There are several other federal and state laws that permit employers, in some circumstances, to monitor, save, record, access, or otherwise conduct surveillance of employees' use of company electronic communication resources and systems. Usually, these laws require clear, unequivocal notice by the employer or owner of the electronic communication system that such monitoring and/or access may occur, and advance notice of the lack of privacy in the use of the systems. In many cases, advance consent by the users is also required by law. Consistent with these laws, most employers have policies regarding electronic resources that inform employees that access to and use of any data contained in any company-owned or -provided electronic resource system or tool, including but not limited to e-mail, use of the Internet, and voicemail, is not private to the employees, belongs to the company, and is subject to various types of monitoring, access, and disclosure by the company.
• Most employers also have Information Security Policies with detailed information that every manager, supervisor, and employee must comply with at all times. Usually, employees are required to sign an acknowledgement that they have read and understood the policy and will comply with it.
• Importantly, most employers include in their policies an express notice that puts employees on explicit notice that they have no privacy in their use of the company's electronic communication resources or the information they access or create in it. This usually includes using company resources to access personal e-mail accounts.