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PRIVACY and COMPANY POLICY "Privacy" is one of those issues that employees complain about, but do not fully understand as it relates to the workplace. They will often cite "The Privacy Act" as a law that provides them with protection from a search of their person, desk, locker, auto and even tests for drug/alcohol abuse. There IS a Privacy Act, but it is a federal law that protects people from real (or imagined) violations of privacy by the federal government. That Privacy Act does not extend to the private sector workplace. Employees should be warned about what lawyers call "an expectation of privacy" in the workplace. Employees should have such an expectation and it is management's responsibility to dispel the notion in writing and in great detail. (See our files on "Searches". Remember the last time you heard a recording telling you that "your call may be monitored or recorded in an effort to improve customer service..."? Not all calls are monitored or recorded -- depending on the amount of phone traffic. It is not practical, but the employee who eventually handles your call knows that management just might listen to you. It is a well-settled principle that employees have no expectation of privacy. Here is a sample policy that you may wish to adapt to govern the use of company phones, computers, fax machines and other telecommunications gear as it relates to employee privacy: We respect employee privacy, but it does not extend to work-related conduct or the use of (company name) systems, equipment, supplies or property. While you have access to e-mail, the Internet, our voice mail and all of our communications systems are accessible at all times by (company name), and may be subject to periodic, unannounced monitoring, recording or inspections for business purposes. All passwords used on our systems must be available to (company name), and employees may not use secret passwords. Backup copies of voice mail are maintained and will be referenced for business and legal reasons. Employees are expected to use our communication systems for(company name) business only and not for personal purposes. Employees are not to use our systems in any way that may be disruptive or offensive to others, including, but not limited to, the transmission of sexually explicit messages, cartoons, common gossip, ethnic or racial slurs, or anything that may be construed as harassment or disparagement of others. Personal or other inappropriate use of any (company name) property or information systems will result in disciplinary action. June 20, 2007
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