|
Home > Understand employee rights to privacy in the workplace before implementing a video surveillance plan
May 22, 2009
By: Lynn Bryant
Utilizing video surveillance in the workplace can be a
very effective way to monitor performance, increase
security, and reduce theft. However, it is extremely
important that specific guidelines are followed both before
and after an implementation occurs to ensure employee rights
to privacy in the workplace are not violated.
In this article, we will review some of the important
privacy related considerations to take into account anytime
you incorporate video surveillance in the workplace setting.
The privacy rights of employees at work
The reality is that individuals have very few rights when
it comes to protecting their privacy. As the use of
electronic devices becomes more prevalent in our society
however, our legal system is being challenged with issues
that have never been faced to this magnitude before. Legal
cases are starting to emerge now as more employers begin
monitoring employees using video surveillance and other
electronic surveillance methods.
The general standard currently being used to judge
privacy rights cases is that individuals are entitled to a
reasonable expectation of privacy. Determining what
constitutes a reasonable expectation is where the lines
start to blur a bit. As more cases are tried, we will likely
begin to see laws that are more specific regarding an
individual's right to privacy.
Responsibility as an employer with or without existing
laws
The fact is the laws regarding employee privacy rights
are just beginning to develop in this country. This does not
mean however, that employers are free to do as they please.
There are definite risks that come with any form of
monitoring method you choose to implement in the workplace.
As an employer, you should always work under the
assumption that you have a duty to ensure your employee's
privacy is protected. The following are three definitive
steps that should be taken to set the framework for an
effective, yet respectful surveillance plan in the workplace
setting.
- Clear publication and posting of surveillance policy
and procedures
This is the key to protecting yourself from future
litigation. Employees must be given full visibility to
the fact that surveillance is being used on the
premises, as well as details on how the surveillance is
being conducted. It would also be wise to provide
periodic updates, which will serve as reminders to your
employees as well as provide them with details on any
changes.
- Carefully plan and monitor the storage and
removal of all captured video
This is especially important if you
utilize an outside service to manage and monitor your
surveillance system. You must have clear procedures in place
that can be documented to ensure that surveillance feeds are
not allowed to be sold or used in anyway by outside parties.
You should also have a policy of destroying video files
after a set amount of time has lapsed to further ensure
protection from misuse.
- Justify the business reason for implementing video
surveillance
Clearly defining and establishing a
business case for implementing video surveillance will help
ensure the right parameters are set. If you are ever brought
to court over your video surveillance practices, having a
clearly defined business case already mapped out will help
in your defense.
It is difficult to define what is or is not a specific
violation of an employee's rights when it comes to personal
privacy. Because the issues are not so clear-cut, you would
be wise to err on the side of caution and take the extra
steps to protect yourself. Being completely transparent with
all of your employees about your specific surveillance
policies and procedures will help protect you in the long
run. Your employees then have the opportunity to decide for
themselves if they can comfortably work under the
circumstances that you have defined.
About the Author
Lynn Bryant 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.
Also See:
[ Pros & cons of using nanny
cams ]
[ View live
traffic cameras in Boston, MA ]
[
DSC-5300G & DSC-6620G camera reviews ]
[ top of page ]
Related Articles
[ top of page ]
|
