Pennsylvania Privacy in the Workplace Policy
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FAQ
Privacy protection in the workplace can be found in a variety of sources, including the Fourth Amendment (providing protection from unreasonable searches and seizures by the government only), the federal Electronic Communications Privacy Act, state constitutions and statutes, and common law remedies for invasion of
An Employee Privacy Policy outlines an employee's personal privacy rights while in the workplace and details the employer's policies, procedures, and practices regarding the collection, storage, and disclosure of employee personal information (such as their legal name, residential address, and other identity
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.
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 main object of this Act is to regulate the collection and use of workplace surveillance information. In this Act: worker means an individual who carries out work in relation to a business or undertaking, whether for reward or otherwise, under an arrangement with the person conducting the business or undertaking.
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.
While there is no single universal legal definition of private employee data, it generally includes employee addresses, photos, social security numbers, dates of birth, protected class information and medical records.
The four forms of privacy recognized in Pennsylvania are defined under Sections 625B through 652E of the Restatement (Second) of Torts. They are: intrusion upon seclusion, appropriation of name or likeness, publicity given to private life, and publicity placing a person in a false light.
Intrusion into an individual's private solitude or seclusion. An employee may allege this form of privacy invasion when an employer unreasonably searches (e.g., a locker or desk drawer) or conducts surveillance in areas in which an employee has a legitimate expectation of privacy (e.g., dressing rooms).
