Workplace Privacy

As mentioned last month, although there is no omnibus U.S. employee privacy law, employers face myriad privacy requirements with respect to the management of employee personal information. Employers should use caution in collecting, using, and disclosing employee personal information, and should aim to comply with all the legal mandates that impact the use of such information.

Conclusion

Employers are well advised to develop and implement comprehensive written information security programs to safeguard employee personal information from misuse or unauthorized acquisition. They should also develop and implement written policies and procedures with respect to monitoring the behavior of their employees. Although U.S. legal requirements affecting workplace privacy are complex, employers should respect and protect the privacy rights of their employees.

Lisa J. Sotto is a partner in the New York office of Hunton & Williams LLP and heads the firm's Privacy and Information Management Practice. She also serves as Acting Chair of the U.S. Department of Homeland Security's Data Privacy and Integrity Advisory Committee. Elisabeth M. McCarthy is counsel in the New York office of Hunton & Williams LLP and advises clients on privacy and information management issues.

Last month, we discussed HIPAA, Security Breach Notification Laws, and Safeguarding Personal Information. We conclude with a brief analysis of electronic privacy issues.

Telephone, E-mail, and Internet Use

Employers have a legitimate interest in knowing how their employees spend their time at work. Inappropriate e-mail can trigger workplace lawsuits and sexual harassment claims. Cyber-slacking and excessive personal telephone calls at work waste employee time, costing employers millions of dollars in lost productivity. Technological advances make it increasingly easy for employers to monitor employees and limit negative behavior. Employers should make certain, however, that they understand employees' legal rights and obligations before conducting such monitoring action.

As mentioned last month, although there is no omnibus U.S. employee privacy law, employers face myriad privacy requirements with respect to the management of employee personal information. Employers should use caution in collecting, using, and disclosing employee personal information, and should aim to comply with all the legal mandates that impact the use of such information.

Conclusion

Employers are well advised to develop and implement comprehensive written information security programs to safeguard employee personal information from misuse or unauthorized acquisition. They should also develop and implement written policies and procedures with respect to monitoring the behavior of their employees. Although U.S. legal requirements affecting workplace privacy are complex, employers should respect and protect the privacy rights of their employees.

Lisa J. Sotto is a partner in the New York office of Hunton & Williams LLP and heads the firm's Privacy and Information Management Practice. She also serves as Acting Chair of the U.S. Department of Homeland Security's Data Privacy and Integrity Advisory Committee. Elisabeth M. McCarthy is counsel in the New York office of Hunton & Williams LLP and advises clients on privacy and information management issues.