Puerto Rico Employee Privacy Memo
Description
How to fill out Employee Privacy Memo?
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FAQ
Confidential employee personal and professional information includes but is not limited to: Personal data: Social Security Number, date of birth, marital status, and mailing address. Job application data: resume, background checks, and interview notes.
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.
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.
A recent ruling by the United States District Court for the District of Puerto Rico clarifies that Law 44, Puerto Rico's counterpart to the federal American with Disabilities Act (ADA), applies only to employers and does not provide for individual liability.
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).
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.
Personal employee information will be considered confidential and as such will be shared only as required and with those who have a need to have access to such information. All hard copy records will be maintained in locked, secure areas with access limited to those who have a need for such access.
This can include salaries, employee perks, client lists, trade secrets, sales numbers, customer information, news about pending terminations, reasons for a firing, phone codes or computer passwords. You may not divulge this information while you are working for an employer or after you leave.
From an employment law perspective, this means federal statutes such as Title VII, FLSA, ADA, ADEA, FMLA, USERRA, OSHA, ERISA, COBRA, among others, apply to Puerto Rico.
Employees generally should have no expectation of privacy with regard to actions taken related to work, or using work equipment.
