Workplace Privacy and Monitoring: The Quest for Balanced Interests

22 Pages Posted: 25 Jul 2011 Last revised: 2 Feb 2012

Ariana R. Levinson

University of Louisville - Louis D. Brandeis School of Law

Date Written: July 23, 2011

Abstract

This article describes some of the difficulties for employers and employees resulting from advancing technology. It briefly describes some of the technology available to employers with which to monitor employees. The article then provides an overview of the primary sources of law governing employer monitoring and employee privacy, such as the Electronic Communications Privacy Act, state statutes providing for notice of monitoring or protection of the integrity of personnel records or lawful off-duty activity, the tort of invasion on seclusion, and the Fourth Amendment. The article concludes by offering suggestions for attorneys who represent employers, employees, or unions and are interested in addressing these issues. Attorneys and their clients can advocate for federal or state legislation, address these issues in collective bargaining or through private policies, or become involved in educational efforts.

Keywords: employer monitoring, employment law

Suggested Citation

Levinson, Ariana R., Workplace Privacy and Monitoring: The Quest for Balanced Interests (July 23, 2011). Cleveland State Law Review, Vol. 59, No. 377, 2011; University of Louisville School of Law Legal Studies Research Paper Series No. 2011-12. Available at SSRN: https://ssrn.com/abstract=1893706

Ariana R. Levinson (Contact Author)

University of Louisville - Louis D. Brandeis School of Law ( email )

Wilson W. Wyatt Hall
Louisville, KY 40292
United States

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