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US Employee Privacy Compliance Toolkit
Practical Law Toolkit w-002-2530 (Approx. 9 pages)
US Employee Privacy Compliance Toolkit
by Practical Law Data Privacy & Cybersecurity
| Maintained • USA (National/Federal) |
Resources to assist counsel in preparing for and responding to privacy issues arising under US law in the workplace. This Toolkit includes resources that address the protection of employee personal information and privacy concerns arising from workplace monitoring, social media use, background checks, and investigations.
Employers routinely collect, use, and maintain personal information about their employees and their family members throughout the employment lifecycle, such as:
- Social Security numbers.
- Contact information.
- Health or genetic information.
- Financial or insurance information.
- Educational and employment history.
- Background check or drug testing information.
- Employee monitoring program recordings.
Companies must pay close attention to US privacy and data security laws governing the collection, use, transfer, and disposal of these different personal information types.
States also continue to adopt their own laws establishing employee privacy rights in the workplace with varying requirements, including those related to an employer's right to:
- Access and use employees' social media accounts.
- Conduct and use background checks and credit reports.
- Limit access to personnel files.
- Monitor employees' actions.
This Toolkit provides resources designed to help counsel create, set up, and review a company's privacy and data security compliance programs for HR and employee personal information under US laws. For a tool comparing state-specific employee privacy laws, see Employee Privacy Laws: State Q&A Tool.