Privacy rights arise from numerous sources: constitutions,
statutes, regulations and local ordinances, and in the common law (court made
law) of torts or contracts. Protection from governmental intrusion into
individual privacy is rooted in the U.S. Constitution’s Bill of Rights and
in similar declarations by the states. Federal, state, and local legislation
provide a basic source of protection against invasion of privacy by private
parties, including employers. However, legislation also limits privacy rights
that may otherwise exist under common law or other statutes. Company policies,
to the extent permitted by law, likewise may increase or reduce expectations of
privacy.
Can you monitor employees' work and nonwork behavior? What are the
legal guidelines for testing job applicants and employees? Can you look into
employees' backgrounds and nonwork activities? Learn where your right to know
overrides employees' right to privacy-and vice versa.
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