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Employee Privacy Law

By , About.com Guide

Definition: In today’s world of fast-developing technology, in which the click of mouse can dispense a plethora of information, privacy for job seekers and employees is a significant issue. One type of privacy issue in the workplace occurs when a company gathers or circulates private or personal information about employees or candidates for employment.

Another type of privacy issue occurs when employers enforce certain rules and procedures in the workplace that violate an employee’s freedom to do as they please.

A related issue is the amount of personal information that invidividuals post online - on Facebook, MySpace, Flickr, Twitter, and other networking sites. That information can often be accessed by employers.

Reasons Employers Can Collect Private Information

A company must have a defined business reason for collecting information about an employee; otherwise, that employee may claim that the information is unnecessary to the employer, and is therefore an invasion of privacy.

Information regarding, for example, sexual orientation, previous marriages, home ownership, or previous arrest records is not necessary for employers (unless, for instance, the information was needed for benefits administration or another occupational reason).

Also Known As: workplace privacy, employment privacy
Examples:
Brian felt his employer’s questions regarding his sexual orientation were an invasion of privacy, because they had no relevance to the company or his job performance.

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