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Home > Respecting employee privacy rights in the workplace when using video surveillance
August 17, 2005
By: Alice Osborn
The loss of employee privacy rights in the workplace is a
growing concern among employees, attorneys, and civil
libertarian groups. Although employers in banks,
telecommunications, securities exchange, in hi-tech
industries, and in other workplaces justify using video
surveillance in the workplace to monitor employee behavior
to chiefly promote safety, improve productivity, and stop
theft, protecting employee privacy must be a top concern.
For if the courts find that the employer’s surveillance
methods are less than fair, that firm may find itself
knee-deep in lawsuits that could have been prevented.
Employers install hidden surveillance cameras for many
good reasons (preventing theft, promoting productivity or
protecting employees) that in some cases will intrude upon
employee privacy. Legal observers and human resource
specialists who study workplace privacy believe that
employee privacy intrusions are more common than previously
observed, and that they will increase every year.
According to a 2005 survey conducted by the American
Management Association, more than half of the companies
surveyed use video monitoring to prevent theft, violence and
sabotage (51% in 2005 vs. 33% in 2001). In addition, the
number of companies that use video surveillance to track
employees’ performance has also increased, with 10% now
videotaping selected job functions and 6% videotaping all
employees. Among firms that use video surveillance, 85%
notify employees.
As more and more employee groups become aware of how they
are being watched, the more likely they will take their
employers to court.
These are the four main types of court-upheld privacy
violations that could occur in stores, factories and offices
and the first type is directly related to video
surveillance.
- Intrusion upon seclusion which includes invading
worker privacy in bathrooms and changing rooms
- Publication of private employee matters
- Disclosure of medical records
- Appropriation of an employee’s likeness for commercial
purposes
In addition, video surveillance must be limited to visual
images and cannot include audio in order to comply with
federal and state statutes.
Employers need to be proactive and aware of these four
privacy violations so that their employees’ individual
rights are respected and protected.
How to achieve balance between monitoring and
intruding upon employees
First, the employers need to clarify what privacy rights
employees are guaranteed and what constitutes an invasion of
privacy. Then, employees must be notified in writing that
surveillance will be conducted and they should also sign a
waiver verifying that they know they may be monitored.
Management must define what is acceptable supervision
versus "snoopervision" and that includes not videotaping
showers, restrooms, changing rooms, smoking areas, and
employee lounges. These are places specifically for
employees' personal comfort, health or for safeguarding
their possessions. However, employers must also be sensitive
against using video surveillance in other areas where
employees might takes breaks.
Employers must be fully aware of the privacy risks
associated with videotaping employees so that the likelihood
of litigation is reduced. Companies should also nurture a
workplace environment where employees can voice privacy or
security concerns in confidence with management without
feeling that their conversations are being monitored. In
short, if employers choose to use video surveillance in the
workplace, they must adhere to written privacy guidelines
that will keep employees secure and that will also respect
their privacy.
About the Author
Alice Osborn is a successful freelance writer and
contributor to Video-Surveillance-Guide.com. Your
definitive guide to video surveillance equipment, CCTV
cameras and wireless security systems for home and business.
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