Employee Privacy Compliance Toolkit

Resources to assist counsel in preparing for and responding to privacy issues arising 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.

Practical Law Intellectual Property & Technology

Employers routinely collect, use, and maintain personal information ( www.practicallaw.com/1-501-8805) about their employees throughout the employment life-cycle. The types of information employers must collect and use vary widely and often include sensitive or confidential details about the employee or their family members, such as:

  • Social Security numbers.

  • Contact information.

  • Health or genetic information.

  • Financial or insurance information.

  • Background check or drug testing information.

  • Employee monitoring program recordings.

Companies must pay close attention to general 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 ability to:

  • Access and use employees' social media accounts.

  • Conduct and use background checks and credit reports.

  • Limit access to personnel files.

  • Monitor employees' actions.

With the law in this area constantly evolving, companies must ensure that their HR and employee privacy and data security practices reflect operational realities and are continuously kept up to date.

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. For a tool comparing state-specific employee privacy laws, see Employee Privacy Laws: State Q&A Tool ( www.practicallaw.com/0-574-1493) .

 

Practice Notes

 

Standard Documents and Clauses

 

Checklists

 

State Q&A Tool

 
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