The inaugural Restatement of Employment sets out ALI’s carefully considered (and what will likely be extremely influential) views concerning the law of employee privacy.* There is a lot to unpack here (and the structure of this section of the Restatement is not as clear as it could be), so this post will provide a practical overview.
The basic idea: the new Restatement protects employee electronic privacy interests against “wrongful employer intrusions.” §7.01 Such interests include “…electronic locations, including work locations provided by the employer, in which the employee has a reasonable expectation of privacy.” § 7.03 In addition, employees have a right to have information of a “personal nature” protected from employer view. § 7.04. Finally, employees also have a right to the “non-disclosure to third parties of the employee’s information of a personal nature disclosed in confidence to the employer.” § 7.05.
Some observations:
Continue reading “Electronic Privacy in the New Restatement of Employment Law”
forms and formats about their employees — and these data pools will undoubtedly multiply over the coming years. Employment lawyers will be required to interact with technical personnel to assess preservation and if necessary, supervise production.
{workplace_tech_law} 