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Privacy and the Workplace
By Darity Wesley

In the office environment, employers must be aware that an associates "expectation of privacy" in their computer, their desk, their cubicle or office, among many other things, is an area of growing concern for employees and liability for employers. A business's internal "privacy" policy and practice needs to be clear, outlined and signed off by your associates. If you do not have a stated privacy policy and practice, you should establish one at your earliest convenience, no matter how many associates you have.

We suggest the establishment of an ongoing "privacy"-training program as a critical component to every company's business. Privacy training would acquaint your associates with your policies with regard to how the business cares about them and their information as well as your practices regarding protection of client information.

In developing your business practices in this area, questions you should ask yourself are: Do we have policies and procedures pertaining to the expectation of privacy of the person working in our office? Do we have surveillance cameras and security and access card monitoring? Do we use passwords, access security, logon and account information? Is this information shared inter-company? Who has access to this information? Do you use Global Positioning Systems (GPS) in company vehicles? An important area of protection from liability is the proper storage of all client and associates information, as well as employment applications, medical and background-check information. Remember, when a business is soliciting applications for employment, liability could be attached for the loss or misuse of this type of information. Are there procedures for the proper and protective transfer and transportation of client files, this is an area of growing concern with RE agents.

Part of a privacy policy and practices would include monitoring. In the case of online and e-mail activity, fourteen million workplace online system users -- just over one-third of the online workforce in the United States -- have their Internet or e-mail use under continuous surveillance in the workplace. Worldwide, the number of online users in the workplace that are under such surveillance is at 27 million. The "online workforce" are those associates who have Internet and/or e-mail access in the office, and use it regularly.

With the proliferation of privacy concerns in the office environment, Employers must give associates sufficient notice of continuous Internet and e-mail monitoring, among other things. Notice of monitoring or a simple statement "have no expectation of privacy" in the form of a boilerplate paragraph in an associates' handbook is inadequate. Having the proper policy in place regarding privacy in the workplace will protect the company, your business and your office associates. Call the Privacy Gurus® for expert assistance.

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