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Understand employee rights to privacy in the workplace before implementing a video surveillance plan.

LaCctv.com: Employee rights

Understand employee rights to privacy in the workplace.

Utilizing video surveillance in the workplace can be a very effective way to monitor performance, increase security, and reduce theft. However, it is extremely important that specific guidelines are followed both before and after an implementation occurs to ensure employee rights to privacy in the workplace are not violated.

In this article, we will review some of the important privacy related considerations to take into account anytime you incorporate video surveillance in the workplace setting.

The privacy rights of employees at work

The reality is that individuals have very few rights when it comes to protecting their privacy. As the use of electronic devices becomes more prevalent in our society however, our legal system is being challenged with issues that have never been faced to this magnitude before. Legal cases are starting to emerge now as more employers begin monitoring employees using video surveillance and other electronic surveillance methods.

The general standard currently being used to judge privacy rights cases is that individuals are entitled to a reasonable expectation of privacy. Determining what constitutes a reasonable expectation is where the lines start to blur a bit. As more cases are tried, we will likely begin to see laws that are more specific regarding an individual's right to privacy.

Responsibility as an employer with or without existing laws

The fact is the laws regarding employee privacy rights are just beginning to develop in this country. This does not mean however, that employers are free to do as they please. There are definite risks that come with any form of monitoring method you choose to implement in the workplace.

As an employer, you should always work under the assumption that you have a duty to ensure your employee's privacy is protected. The following are three definitive steps that should be taken to set the framework for an effective, yet respectful surveillance plan in the workplace setting.

  1. Clear publication and posting of surveillance policy and procedures
    This is the key to protecting yourself from future litigation. Employees must be given full visibility to the fact that surveillance is being used on the premises, as well as details on how the surveillance is being conducted. It would also be wise to provide periodic updates, which will serve as reminders to your employees as well as provide them with details on any changes.
  2. Carefully plan and monitor the storage and removal of all captured video
    This is especially important if you utilize an outside service to manage and monitor your surveillance system. You must have clear procedures in place that can be documented to ensure that surveillance feeds are not allowed to be sold or used in anyway by outside parties. You should also have a policy of destroying video files after a set amount of time has lapsed to further ensure protection from misuse.
  3. Justify the business reason for implementing video surveillance
    Clearly defining and establishing a business case for implementing video surveillance will help ensure the right parameters are set. If you are ever brought to court over your video surveillance practices, having a clearly defined business case already mapped out will help in your defense.

It is difficult to define what is or is not a specific violation of an employee's rights when it comes to personal privacy. Because the issues are not so clear-cut, you would be wise to err on the side of caution and take the extra steps to protect yourself. Being completely transparent with all of your employees about your specific surveillance policies and procedures will help protect you in the long run. Your employees then have the opportunity to decide for themselves if they can comfortably work under the circumstances that you have defined.

About the Author
Lynn Bryant is a successful freelance writer and contributor to Video-Surveillance-Guide.com.  Your definitive guide to video surveillance equipment, CCTV cameras and wireless security systems for home and business. .

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