Workplace Privacy Strategies

Ever-changing privacy laws and requirements, along with advances in technology, have been creating new challenges and opportunities for employers. For instance, employers face restrictions on the type of information about employees and job applicants that they can collect and utilize in order to make shrewd business and employment decisions. These restrictions relate to such areas as background checks, employee monitoring, the transfer and maintenance of employee data and employee health-related information, and drug testing. Workplace privacy-related issues also arise under the Americans with Disabilities Act, the Fair Credit Reporting Act (FCRA), and the Fair and Accurate Credit Transactions Act (FACTA), among other laws.

The Privacy & Security Group at Epstein Becker Green has the knowledge and experience necessary to effectively guide employers through the complexities of workplace privacy. We help employers properly balance privacy considerations with workforce management concerns and employee data collection and protection. Our services in this area include the following:

  • Advising employers on federal, state, and municipal laws, rules, and requirements relating to the privacy, protection, and/or use of sensitive employee or job applicant data
  • Counseling on the proper methods for the collection, maintenance, disclosure, and transfer of personnel, financial, and health-related information, and helping draft notices and procedures, consent forms, and agreements relating to privacy concerns in the employment relationship
  • Reviewing (and revising, where necessary) employers’ current policies and procedures to ensure compliance with laws and requirements relating to the privacy and protection of employee and job applicant data and in anticipation of internal audits and corporate transactions (i.e., mergers, acquisitions, sales, and joint ventures)
  • Preparing employee privacy and data protection policies (including policies relating to Internet use, social media, blogging, and emails) and procedures in accordance with rules relating to workplace monitoring
  • Drafting policies relating to employee drug and alcohol testing
  • Creating training materials and compliance programs for employers and management to ensure that sensitive employee and job applicant data and health-related information are properly collected and managed
  • Developing policies and procedures to protect and secure business assets, such as trade secrets and intellectual property, while respecting the rights of departing employees
  • Counseling employers on security breach mitigation strategies