The following is not meant to be legal advice.
In electronic monitoring, there is a balance between the employees’ rights to privacy and the employers’ need to prevent liability. According to some statistics, 26% of businesses have terminated employees for improper email/Internet communications. Employers should be aware that people can be offended for anything so they should be wary about their speech and conduct.
Data privacy relates to identity theft, and information retention. Identity theft is a federal offense under the Federal Identity Theft and Assumption Act, and a felony in most states. For instance, an employer who lets an employee work at home may become negligent if the employee lets his/her child use the same computer for personal purposes, and distributes the personal information of the employer’s clients or others in the process.
To properly maintain personnel data, the employer might consider separate files for different purposes, such as separating in human resources, an employee’s medical, personnel, evaluation, complaint investigation files. Separating files allows for limiting access to only those who need to know the information contained in each file.
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