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Privacy in the workplace: What can the employer monitor?
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Privacy in the workplace: What can the employer monitor?

Understanding Workplace Monitoring and Privacy Issues

Introduction to Workplace Monitoring

  • Luis Arroyo introduces himself as an attorney discussing workplace monitoring and privacy issues related to employee monitoring.
  • He emphasizes the importance of understanding what employers can legally monitor in the workplace, highlighting the role of computer forensics in tracking employee information.

Legal Considerations in Monitoring

  • Employers must inform employees that they have no expectation of privacy when using workplace computers, which is crucial for legal compliance.
  • The discussion includes how monitoring can impact employment decisions, particularly regarding outgoing employees who may take company information with them.

Protecting Company Information

  • A multi-level approach is necessary to protect company information, starting with establishing ownership through employee handbooks.
  • Continuous reminders on computer systems about data ownership are essential to prevent unauthorized sharing or usage by employees.

Procedures for Departing Employees

  • Establishing a procedure for reviewing or quarantining laptops when an employee leaves is critical to determine if any information has been stolen.
  • Computer forensics play a vital role in trade secret theft cases; preserving the laptop and backup files ensures that evidence remains intact for potential legal action.
Video description

Aug. 2, 2011 - In this video employment law attorney Luis Arroyo discusses to what degree an employer can monitor an employee's electronic activity, how such information can be used when making employment-related decisions, and how the employer can protect its information from disclosure. Various forms of technology in the workplace, such as work-issued computers, phones, and PDSs, allow companies to work more efficiently and improve the bottom line. However such technology also provides employees with the ability to transfer mass amounts of information with little more than a click of a button. Arroyo discusses to what degree an employer can monitor an employee's electronic activity, how such information can be used when making employment-related decisions, and how the employer can protect its information from disclosure Arroyo spoke at the State Bar of Wisconsin PINNACLE™ Real Estate & Business Law Institute, June 9, in Wisconsin Dells. Interested in viewing programs held during the institute? Select sessions will be available via webcast this fall. Check the PINNACLE Seminars Calendar for more information later this summer, http://www.wisbar.org/am/template.cfm?section=cle_seminars2.