Respecting Employee Privacy Rights in the Workplace When Using Video Surveillance

The loss of employee privacy rights in the workplaceworker privacy in bathrooms and changing rooms-
is a growing concern among employees, attorneys,Publication of private employee matters- Disclosure of
and civil libertarian groups. Although employers in banks,medical records- Appropriation of an employee's
telecommunications, securities exchange, in hi-techlikeness for commercial purposes
industries, and in other workplaces justify using videoIn addition, video surveillance must be limited to visual
surveillance in the workplace to monitor employeeimages and cannot include audio in order to comply
behavior to chiefly promote safety, improvewith federal and state statutes.Employers need to be
productivity, and stop theft, protecting employeeproactive and aware of these four privacy violations
privacy must be a top concern. For if the courts findso that their employees' individual rights are respected
that the employer's surveillance methods are less thanand protected.How to achieve balance between
fair, that firm may find itself knee-deep in lawsuits thatmonitoring and intruding upon employeesFirst, the
could have been prevented.Employers install hiddenemployers need to clarify what privacy rights
surveillance cameras for many good reasonsemployees are guaranteed and what constitutes an
(preventing theft, promoting productivity or protectinginvasion of privacy. Then, employees must be notified
employees) that in some cases will intrude uponin writing that surveillance will be conducted and they
employee privacy. Legal observers and humanshould also sign a waiver verifying that they know
resource specialists who study workplace privacythey may be monitored.Management must define
believe that employee privacy intrusions are morewhat is acceptable supervision versus "snoopervision"
common than previously observed, and that they willand that includes not videotaping showers, restrooms,
increase every year.According to a 2005 surveychanging rooms, smoking areas, and employee
conducted by the American Management Association,lounges. These are places specifically for employees'
more than half of the companies surveyed use videopersonal comfort, health or for safeguarding their
monitoring to prevent theft, violence and sabotagepossessions. However, employers must also be
(51% in 2005 vs. 33% in 2001). In addition, the numbersensitive against using video surveillance in other areas
of companies that use video surveillance to trackwhere employees might takes breaks.Employers must
employees' performance has also increased, with 10%be fully aware of the privacy risks associated with
now videotaping selected job functions and 6%videotaping employees so that the likelihood of litigation
videotaping all employees. Among firms that use videois reduced. Companies should also nurture a workplace
surveillance, 85% notify employees.As more and moreenvironment where employees can voice privacy or
employee groups become aware of how they aresecurity concerns in confidence with management
being watched, the more likely they will take theirwithout feeling that their conversations are being
employers to court.These are the four main types ofmonitored. In short, if employers choose to use video
court-upheld privacy violations that could occur insurveillance in the workplace, they must adhere to
stores, factories and offices and the first type iswritten privacy guidelines that will keep employees
directly related to video surveillance.secure and that will also respect their privacy.Copyright
- Intrusion upon seclusion which includes invading© 2005 Evaluseek Publishing.