Employment Confidentiality Laws
In terms of employee confidentiality, there are no federal laws in place. However, there are state laws that pertain to certain aspects of an employee's rights. Although it isn't required by federal law, employers are encouraged to adopt company policies regarding an employee's personal information and to whom it can to be released. Releasing personal information without proper identification and validation is a legal violation in some states.
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Personal Information
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Invasion of privacy laws vary from state to state. However, the Employment Law Information Network Recommends that employers only gather certain personal information on a need-to-know basis. They also advise that the information needed should be gathered in the least intrusive method available. Any personal information needs to be protected and not released to members of the public without proper cause and identification. Finally they recommend that personal information should never used unfairly by the employer or a third party.
Areas of Concern
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Employers need to be extra careful in certain areas of an employees life. Disclosing information about these areas might lead to invasion of privacy litigation depending on the laws of the state. According to the Employment Law Information Network, employers need to be cautious when dealing with a worker's medical history, credit and financial information, education information, alcohol abuse and drug abuse history, and requests from third parties.
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Workplace Communications
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Workplace communications are often a debatable topic regarding privacy issues. However, employees need to know that their boss is committing no legal violation by monitoring emails, telephone calls and conversations during work hours and on the working premises. The only exception is if it is stated to the contrary in the company rules and regulations.
Video Monitoring
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Video monitoring of employees is another privacy issue that frequently is debated in the courts. In most cases the employer does have the right to video employees during working hours and on the working premises. Video monitoring has proved highly effective in theft cases and for insuring employee safety in areas such as parking garages. There are certain areas where the courts have placed limits on video monitoring. Courts have limited an employer's right to place video cameras in locker rooms or bathrooms because these would be physically evasive.
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References
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