Sunday, March 30, 2008
Privacy Policy
If I were drafting a privacy policy for a company, the policy would alert employees to the limits of their privacy rights in the workplace. The policy would state that the employer has the right to listen to phone calls, monitor employee’s conversations, obtain records of phone calls and voice mail and also look at the contents of their computer usage. In the workplace employees have few rights, but if an employee is to be investigated, employees should be informed when they are the subject of monitoring or surveillance. Employees do have the right to privacy and an employer should not use surveillance devises in areas that are regarded as private (locker rooms, bathrooms, etc.). DB
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From the perspective of an employer’s legal interests, the purpose of a privacy policy is to limit any reasonable expectation of privacy that employees might have in the workplace. Yet, the more comprehensively and unambiguously the policy does so, the more oppressive and draconian it will appear to employees. Any policy has to balance these concerns, as well as to specifically address the variety of privacy issues that arise from testing (e.g., use of genetic information, drug testing), monitoring of employees’ (e.g., communications, videotaping), searches, investigations, and information gathering and handling (e.g., personnel records, medical information).
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