Indiana Privacy in the Workplace Policy

State:
Multi-State
Control #:
US-212EM
Format:
Word; 
Rich Text
Instant download

Description

This policy explains to the employees that there is minimal privacy in the workplace.

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FAQ

Protecting Your Right to Privacy in the Workplace. The California Constitution protects employee privacy rights and prohibits intrusion into private matters. The use of employee monitoring is a balancing act that weighs the business interests against the threat to employee privacy rights.

Employees have a right to privacy in the workplace, as well. This right applies to the worker's personal items, which include briefcases or handbags, as well as storage lockers and private email accessible only by the employee. Other employee rights include: Being free from harassment and discrimination of all types.

The GDPR states that consent must be 'freely given, specific, informed and unambiguous'. This means that the data subject must be aware that they are consenting to have their data processed and should not be forced into giving consent.

Employee privacy rights are the rules that limit how extensively an employer can search an employee's possessions or person; monitor their actions, speech, or correspondence; and know about their personal lives, especially but not exclusively in the workplace.

Four Common-Law Privacy ClaimsIntrusion into an individual's private solitude or seclusion.Public disclosure of private facts.Portraying an individual in a false light.Use of an individual's name or likeness.

Employees generally should have no expectation of privacy with regard to actions taken related to work, or using work equipment.

Employees have the right to keep private facts about themselves confidential and the right to some degree of personal space. An employer that discloses private facts or lies about an employee may be held accountable in a civil action for invasion of privacy or defamation.

The two main restrictions on workplace monitoring are the Electronic Communications Privacy Act of 1986 (ECPA) (18 U.S.C. Section 2511 et seq.) and common-law protections against invasion of privacy. The ECPA is the only federal law that directly governs the monitoring of electronic communications in the workplace.

Employers can legally monitor almost anything an employee does at work as long as the reason for monitoring is important enough to the business. Employers may install video cameras, read postal mail and e-mail, monitor phone and computer usage, use GPS tracking, and more.

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Indiana Privacy in the Workplace Policy