There is an inherent tension between an employee’s right to privacy and an employer’s right — and obligation — to maintain a safe, productive, and hostility free environment at the office. The California business community is perhaps all too familiar with this conflict. Article I, section 1 of the California Constitution guarantees all California residents a right to privacy, including in some instances in their capacity as employees. A patchwork quilt of statutes, regulations and common law decisions also carves out certain areas to which a right of privacy may attach. But these rights must be balanced against an employer’s business needs and legal responsibilities.
Click here to listen to Proskauer partner Anthony Oncidi talk about privacy in the workplace with Mari Frank, the host of KUCI’s Privacy Piracy radio show.