I am often asked how can we, as business leaders, help to protect the privacy of our employees while in the workplace? With the changing political current in America, this is a very important question to be asking ourselves. As the use of electronic devices permeates every aspect of our work environment, it is imperative that managers and supervisors have an understanding of basic privacy rights, issues that may arise, and boundaries that may apply. Here is a general overview:
Personal Records and Identification: Employees have a right to privacy in their personal records. Many states have enacted laws restricting the use of social security numbers as a form of identification, requiring instead an employee identification number. Also, employees – in most states – have the right to request access to their personal files upon proper notice.
Medical Records: Medical information about employees should be kept separate from general employee records and access to this information should be severely restricted. Federal and state laws protect the privacy of an employee’s medical information, how it is maintained, and how it is used.
Drug Testing and Background Checks: Employers who require drug testing and/or background checks of employees must maintain the confidentiality of the test. Included in the laws regulating background checks are requirements of the employees to consent to the check as well as information about how the check will ultimately be used.
In this digital age, Americans’ awareness and concerns over issues of privacy extend beyond how their information is treated by their place of employment but also by companies with which they do business. In September 2016 the Pew Research Center released a study showing that 61 percent of those surveyed felt they would like to do more to protect their personal information and identity online.
However, on April 3, 2017, President Trump signed into law a resolution repealing protections on Internet privacy. The repeal of the Federal Communications Commission (FCC) privacy rules, which were passed late last year, were due to take effect later this year. These privacy regulations restricted Internet service providers from selling sensitive person consumer information in eight defined area: geo-locations, web browsing histories, the contents of emails and other communications, app usage, Social Security numbers, medical information, health information, and information on children. As of now, and in the foreseeable future, search engines and social media sites will not be required to get permission to collect and sell data.
We are living in a time of uncertainty. For business leaders, addressing workplace privacy issues are essential to a healthy business. With the increased use of electronic resources, both on a personal and professional level, workplace privacy is a very complex issue. Please feel free to reach out the professionals at DeSantis Trusted Advisors if you need additional advice.
