1. (Edited)
WORKPLACE PRIVACY

2. Can employers search your locker? Your desk? Your briefcase?
Can they install video cameras? Where? Can they include audio?
Can they monitor your messages? What about your telephone conversations?

3. Sources of Privacy Rights
Public Employees
Constitution
4th Amendment Search & Seizure
Privacy Act
Electronic Communications Privacy Act (also private employees)
Private Employees
Public policy
Tort Law:
Defamation
Invasion of privacy
Specific statutes
Smoking, etc.
C.B.A.

4. Georgia Statute O.C.G.A. §16-11-62
Prohibits recording conversation in a clandestine manner.
Prohibits using device to observe persons in a private place.
Exception for security & crime prevention

5. Tort law protections
Invasion of privacy
Defamation
Breach of contract
Employers may regulate employees’ off-work activities when workplace performance is affected

6. Privacy Protections: Common Law
Whether there is a reasonable expectation of privacy is a case-by-case determination based on policies, practices, and other circumstances.
Most states recognize the following privacy torts:
Intrusion upon seclusion
Public disclosure of private facts
Placement in a false light
Appropriation of a name or likeness

7. Monitoring & Surveillance of Employees
In general, employers can train video cameras on their employees without significant legal concerns, at least in places open to view.
Employers must not conduct surveillance of employees engaged in protected concerted activities, including union organizing.
Recommended: If your firm uses video monitoring, inform employees that they are subject to monitoring and surveillance, even though such notice may not be legally required

8. See Smyth v. Pillsbury Co., 914 F.Supp. 97 (E.D.Pa., 1996).

9. Computer Policy-What should be included?
Employer remains owner of equipment
All files and equipment may be searched by employer at any time & w/o notice
Password-protected and confidential files can be searched.
Publish policy
Obtain signed acknowledgements from users.
Regularly remind users of policy.