{"id":357917,"date":"2016-04-04T10:45:32","date_gmt":"2016-04-04T15:45:32","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/employment\/workplace-privacy\/employee-privacy.html"},"modified":"2025-08-08T15:20:29","modified_gmt":"2025-08-08T20:20:29","slug":"employee-privacy","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/employment\/workplace-privacy\/employee-privacy.html","title":{"rendered":"Employee Privacy"},"content":{"rendered":"\n
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Employee Privacy<\/h1>\n\n
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\n By Amy Vandervort-Clark, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Workplace privacy is a frequent concern for employees. Although many activities at a workplace may\u00a0seem private,\u00a0in truth\u00a0employees have very little privacy. Employers have the right to search through anything transpiring on company computers, cell phones, or other devices. Even remote workers can be subject to workplace monitoring. Companies can track your activities and internet use on company devices.<\/p>\n\n <\/div>\n\n\n\n

Employers have an interest in protecting confidential information like company documents, records, and trade secrets. How far are employers allowed to look before it’s an invasion of privacy? Can your employer track your off-duty activities like social media or text messages?<\/p>\n

In this article, we’ll cover the basics of employee privacy, including communications monitoring, drug testing, and more. You’ll also find links to other articles that dive deeper into specific employee privacy topics.<\/p>\n

Employee Privacy Basics<\/h2>\n

You’ve probably heard of a constitutional right to privacy in the United States. However, this doesn’t apply to most workplaces. That’s because the\u00a0Fourth<\/a>\u00a0and\u00a0Fourteenth Amendments<\/a>\u00a0protect your right to privacy from overreach by the government.\u00a0<\/p>\n

Constitutional rights to privacy apply to government workers, but they don’t extend to private employers. Private employees do\u00a0have some protections through state laws, case law, and, for union members, their\u00a0collective bargaining<\/a>\u00a0agreements.<\/p>\n

Many employers use employee monitoring programs for business purposes and to increase productivity. New technology has enabled employers to track virtually all workplace communications made by employees using work computers, company internet access, and company email accounts.<\/p>\n

In the simplest terms, you have no\u00a0expectation of privacy<\/a>\u00a0on any company-owned device or vehicle. However, employers must abide by federal and state laws.<\/p>\n

Employer Monitoring<\/h2>\n

In most workplaces, an employer may monitor or track employee information such as:<\/p>\n