HR LibraryPrivacy

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Balancing Privacy Against Business Need

To help balance your employees’ rights to privacy with your company’s legitimate business needs, review and carry out these four steps.

Provide Advance Notice of Workplace PrivacyProvide Advance Notice of Workplace Privacy
Provide advance notice of what employees can and cannot expect to remain private in the workplace.

Obtain Consent to Access Private InformationObtain Consent to Access Private Information
In addition to providing advance notice, obtain consent from employees to search or access information stored in email or voice mail.

Have a Legitimate Business Purpose to SearchHave a Legitimate Business Purpose to Search
The U.S. Supreme Court’s “reasonableness test” has been used to balance legitimate business needs with a public sector employee’s expectation of privacy in his own office.

Seek Advice of Counsel When Privacy Is an IssueSeek Advice of Counsel When Privacy Is an Issue
Most employees are well aware of the right to privacy guaranteed them by the California Constitution.

Forms

Confidentiality Agreement

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