Survey of (Mostly Outdated and Often Ineffective) Laws Affecting Work-Related Monitoring

33 Pages Posted: 15 Aug 2017 Last revised: 13 Jun 2018

Robert Sprague

University of Wyoming - College of Business

Date Written: August 13, 2017

Abstract

This article reviews various laws that affect work-related monitoring. It reveals that most of our privacy laws were adopted well before smartphones and the Internet became ubiquitous; they still hunt for physical secluded locations; and, because they are based on reasonable expectations of privacy, they can easily be circumvented by employer policies that eliminate that expectation by informing workers they have no right to privacy in the workplace. This article concludes that the future — indeed the present — does not bode well for worker privacy.

Keywords: Privacy, Workplace Monitoring

Suggested Citation

Sprague, Robert, Survey of (Mostly Outdated and Often Ineffective) Laws Affecting Work-Related Monitoring (August 13, 2017). Chicago-Kent Law Review, Vol. 93, No. 1, 2017, 221-253.. Available at SSRN: https://ssrn.com/abstract=3018184 or http://dx.doi.org/10.2139/ssrn.3018184

Robert Sprague (Contact Author)

University of Wyoming - College of Business ( email )

1000 E. University Avenue
Dept. 3275
Laramie, WY 82071
United States

HOME PAGE: http://www.uwyo.edu/mgtmkt/faculty-staff/faculty-pages/sprague.html

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