Employers as Information Fiduciaries

Abstract

In order to better protect users from the predations of large tech companies amassing their data, commentators have argued that these companies should be considered information fiduciaries for the purposes of collection, use, storage, and disclosure of that data. This Essay considers the application of the “information fiduciary” label to employers in the context of worker information. Because employers are handling greater and greater quantities of employee data, and because that data is becoming more sensitive and potentially damaging to workers if misused or mishandled, the law should account for this expanded role with expanded protections. Preliminary outlines for this set of protections are briefly explored.

Keywords: information fiduciaries, employee privacy, employee data, privacy, workplace technology

JEL Classification: K12, K22