Workplace Privacy: We'll Be Watching You

Abstract

Examining both current and historical aspects of information, privacy, and the work place, this article examines the perspective of both the employee and employer about workplace privacy. The crucial role that technology now plays in the process is also reviewed as are appropriate constitutional provisions, federal and state statutory provisions, and finally the tort theories of privacy developed initially by Justice Brandeis and Samuel Warren. Technology, employer and employee expectations, and workplace privacy are all examined with an appropriate analysis used to determine whether an employer's conduct has indeed violated an employee's privacy.

Keywords: privacy, employment, workplace, technology