Respecting the privacy rights of employees in the workplace when video surveillance is used

The loss of employee privacy rights in the workplace is a growing concern among employees, attorneys, and civil liberties groups. Although employers in banks, telecommunications, stock exchanges, high-tech industries, and other workplaces justify the use of workplace video surveillance to monitor employee behavior and primarily promote safety, improve productivity, and stop the theft, protecting the privacy of employees must be a priority. concern. Because if the courts find the employer’s surveillance methods less than fair, that company may find itself knee-deep in laws that could have been prevented.

Employers install hidden surveillance cameras for many good reasons—to prevent theft, promote productivity, or protect employees—that in some cases will invade employee privacy. Legal observers and human resource specialists who study privacy in the workplace believe that intrusions into employee privacy are more common than previously observed and will increase each year.

According to a 2005 survey by the American Management Association, more than half of the companies surveyed use video surveillance to prevent theft, violence, and sabotage (51% in 2005 vs. 33% in 2001). In addition, the number of companies using video surveillance to track employee performance has also increased, with 10% recording selected job functions and 6% videotaping all employees. Among companies that use video surveillance, 85% notify employees.

As more and more employee groups become aware of how they are being watched, they are more likely to take their employers to court.

These are the four main types of court-confirmed privacy breaches that could occur in stores, factories, and offices, and the first type is directly related to video surveillance.

o Intrusion into isolation including invading worker privacy in restrooms and locker rooms

o Publication of private matters of employees

o Disclosure of medical records

o Appropriation of an employee’s image for commercial purposes

Additionally, video surveillance must be limited to visual images and cannot include audio to comply with federal and state statutes.

Employers must be proactive and aware of these four privacy violations so that the individual rights of their employees are respected and protected.

How to strike the balance between monitoring and intruding on employees

First, employers must clarify what privacy rights employees are guaranteed and what constitutes an invasion of privacy. Employees must then be notified in writing that surveillance will take place and must also sign a waiver verifying that they know they may be monitored.

Management must define what is acceptable supervision versus “spy vision” and that includes not videotaping showers, toilets, locker rooms, smoking areas, and employee lounges. They are specific places for personal comfort, health or the safeguarding of employee assets. However, employers should also be sensitive to the use of video surveillance in other areas where employees may take breaks.

Employers should be fully aware of the privacy risks associated with videotaping employees to reduce the likelihood of litigation. Companies should also foster a work environment where employees can confidentially raise privacy or security concerns with management without feeling like 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 safe and respect their privacy as well.

Copyright © 2005 Evaluseek Publishing.