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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.
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.
The State shall protect labor, promote full employment, provide equal work opportunity regardless of gender, race, or creed; and regulate employee-employer relations.
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 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.
Summary: Although Michigan at present does not have a general privacy act, the State has its own data breach requirements ('the Data Breach Requirements') under the Identity Theft Protection Act (Act 452 of 2004) under §445.61 et seq.
The Act creates and defines three rights for employees: a right to know information about the dangers involved in their job, a right to file OSHA complaints to control workplace hazards, and a right to not be punished for exercising rights protected by OSHA.
In fact, Michigan and U.S. law guarantee certain rights for all workers, including the right to a minimum wage, limits on working hours, the right to a safe workplace, and the right to join or form a union.
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.