Missouri 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

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.

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.

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.

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.

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 Privacy Act only applies to an employee record if the information is used for a purpose not directly related to the employment relationship. However, workplace laws require a range of information to be made and kept for each employee.

Employers are justifiably concerned about threats to and in the workplace, such as theft of property, breaches of data security, identity theft, viewing of pornography, inappropriate and/or offensive behavior, violence, drug use, and others.

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Missouri Privacy in the Workplace Policy