Workplace surveillance has become more common
as technology has improved, devices have become less
expensive, and security concerns have risen. The law
suggests that employees must be given prior written
notification about the kind of
monitoring that
may occur at the work place.
Federal law—the Omnibus Control and Safe Streets
Act of 1968 —prohibits deliberate interception
of wire, oral or electronic communications, including
telephone conversations. However, the Act does have
three exceptions, and if any one of these applies,
monitoring can take place under appropriate circumstances.
Employers are allowed to use extension phones to monitor
employees’ calls in the ordinary course of business,
to monitor communications when there has been employee
consent, and to retrieve and access stored email messages.
The most recent federal statute affecting privacy
in the workplace is the USA Patriot Act, enacted
after September 11, 2001. This Act expands the federal
government’s authority to monitor electronic
communications and Internet activities, including
email. However, no federal executive agency has general
oversight responsibilities for private sector employee-monitoring
programs. Many states have statutes that are similar
to the Electronic Communications Privacy Act (ECPA),
with greater protection in some cases. Additional
protection may be provided through state common law,
which is based on judicial precedent rather than legislative
enactments.
