Navigating Workplace Privacy and Surveillance

Workplace electronic surveillance and privacy issues are a growing concern for employees across all industries. Employers often monitor company computers, emails, phone calls, and even physical workspaces. While they may claim to be safeguarding company assets and maintaining productivity, their actions raise questions about employee privacy rights and the types of surveillance permitted under the law.

Understanding surveillance boundaries is beneficial for both workers and employers. Employees deserve to feel safe and respected at work, while companies have a legitimate interest in protecting their business operations. However, when employer monitoring feels excessive or invasive, it may be a privacy violation and against state and federal laws.

If you believe your privacy rights have been violated at your workplace, the experienced Tennessee attorneys at the Employment and Commerce Law Group can help. We focus exclusively on employment law and advocating for workers’ rights. If you’ve been placed in an uncomfortable situation at work, our goal is to make things right again.

What Is Workplace Privacy and Electronic Surveillance?

Workplace privacy refers to the extent to which employees can reasonably expect personal space and confidentiality at work. Under most circumstances, employers also have the legal right to monitor the workplace to protect their business interests. Workplace electronic surveillance and privacy concerns generally revolve around the methods and policies that companies implement to monitor employees’ communications, computer usage, and physical activities.

Tennessee generally does not have state laws regarding workplace monitoring. Instead, the state relies on federal laws, such as the Electronic Communications Privacy Act and the Stored Wire and Electronic Communications Act, for guidance. These acts permit employers to monitor work-related communications, provided they have a legitimate business purpose for doing so. In many cases, employee consent is required to monitor information like email, Internet use, and phone calls.

Similarly, the federal Health Insurance Portability and Accountability Act (HIPAA) limits access to an employee’s health information and how it may be shared.

The laws surrounding employee monitoring are complex. What may seem like an invasion of privacy might be permitted if it falls under the legitimate business interests of the employer. Generally, employees should recognize that their rights to privacy at work are limited, especially on employer-owned devices and networks.

Why Employers Monitor Their Employees

Employers may have multiple reasons for conducting workplace surveillance. Whether protecting proprietary information, ensuring employee safety, or preventing internal theft and misconduct, most companies believe some level of oversight is necessary for effective operations.

Under most federal and state laws, companies must inform employees of their employee monitoring methods, particularly when surveillance occurs on company-owned devices and premises. This information should be included in the workplace’s handbook or displayed on visible signage. This allows workers to review and access the employee surveillance policy.

Similarly, monitoring employees may help businesses confirm compliance with labor laws and company policies. Electronic monitoring is a common practice in security-sensitive industries such as finance, healthcare, and retail. These are industries where potential data breaches, fraud, and workplace misconduct create significant legal risks.

Common Types of Employee Surveillance in the Workplace

Employers may utilize various types of employee monitoring systems. Common forms of workplace surveillance include:

Video surveillance – Employers may install cameras in workspaces, entryways, and common areas to monitor for safety, security, or productivity.
Computer monitoring – Companies may track your computer usage, websites visited, keystrokes, and software activities.
Email and phone monitoring – Some businesses review company emails, messages, and phone calls to make sure they’re used for work purposes.
GPS tracking – Employers may choose to install devices or apps that monitor company vehicles and mobile phones, especially if they move off-site.
Badge access logs – Access logs enable employers to track when and where employees enter and exit work areas.
Time and attendance software – Installing employee monitoring software to track an employee’s working hours can verify compliance with workplace rules and avoid wage and hour violations.

Each of these methods is typically permitted under the law — if they are appropriately disclosed.

Balancing Employee Privacy Rights with Company Policies

The balance between employee privacy rights and employer surveillance is an ongoing issue in labor and employment law. Courts generally look at whether employees had a reasonable expectation of privacy. They also consider whether the employer had a legitimate business interest in its surveillance.

Employees can protect their rights by carefully reviewing the employee surveillance policy. It should clearly state:

What types of surveillance will take place
When and where monitoring will occur
How data will be used, stored, and secured
Employees’ rights to review company policies and raise complaints

In most cases, worker surveillance can become a privacy issue when it’s excessive or occurs in spaces where privacy is typically expected, such as bathrooms or changing rooms. Employers and companies can reduce misunderstandings by creating and regularly communicating transparent policies to employees.

What To Do if You Experienced a Privacy Violation

If you believe your employer has violated your privacy rights, you may have legal options. The first step is to carefully review your employee handbook or employee surveillance policy to determine what you agreed to when accepting the job.

Next, consider documenting any specific instances of surveillance that appeared excessive, unauthorized, or unreasonable. For example:

Cameras in locker rooms, restrooms, or other personal spaces
Audio or video recording of personal phone conversations without your consent
Collection of data without disclosure to employees

When your privacy is compromised, it can impact your career, emotional well-being, mental health, and future job prospects. Retaliation for reporting these issues is illegal under most whistleblower laws.

When to Contact an Employment Lawyer About Workplace Surveillance

Workplace surveillance is not always illegal, but when it crosses the line and violates your privacy, you could be entitled to take legal action. It may be challenging to determine whether what you experienced constituted a workplace privacy violation. An experienced employment lawyer can investigate and determine which protections apply to your case.

Reach out to the Tennessee employment law attorneys at the Employment and Commerce Law Group if you notice:

Failure to disclose an employee surveillance policy
Unreasonable or invasive surveillance, especially in private spaces
Video or audio recording without disclosure or proper consent
Employer retaliation after complaining about a surveillance issue
Unauthorized access to personal emails, social media accounts, or other personal data

Our legal team can listen to your concerns, review the applicable laws and workplace policies, and help you explore your legal options. Whether you want to resolve the matter privately or pursue a legal claim, our job is to advocate for your rights.

Discuss Your Case with a Tennessee Employment Attorney Today

If you believe your employer is using surveillance that violates your rights, contact Employment and Commerce Law Group. Our dedicated team can help you navigate the complex landscape of workplace electronic surveillance and privacy issues.