A privacy policy is crucial to any business. Employees need to know that there is no privacy in their workplace when it comes to phone calls, emails, voicemails as well as their computers and the sites they visit during work hours. The policy must advise the employees that their employer has the right to monitor all of the above. In addition, the policy should also inform the employees that their employer has the right to search their desk, office, etc as long as there is reasonable cause to do so related to their job. Private companies can require random drug testing and all employees must comply. Public employers can only require drug testing if there is reasonable suspicion.
Employers must confidentially regarding each employee's employment file particularly their personal information as there is an expectation of privacy by the employee. It should be included in this policy an statement advising any employee with access to these records that confidentiality is imperative and any leak of this information is grounds for immediate termination! No second chances , no warnings!
Employees should be advised that the company is allowed to use surveillance in the workplace if it is needed to ensure workplace and product safety.
A good privacy policy should list the types of offensive behaviors that are forbidden and the fact that any reported behaviors will be investigated. The policy should list how the investigation will take place and include the consequences of the outcome of the investigation. ss
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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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