Our first topic will be on employee privacy in contact center compliance. These bullet point summaries are intended to alert the reader to potential liability exposures. This is not an attempt to provide a comprehensive review of this legislation or to serve as legal advice. The data is derived from sources Pelorus Associates believe to be reliable. We hope the information will be helpful to you and your company.
Employee privacy – Federal
Federal workplace privacy and employee monitoring regulations stem primarily from the Electronic Communications Privacy Act of 1986. (ECPA)
- The ECPA allows business owners to monitor all employee verbal and written communications as long as the company can present a legitimate business reason for doing so.
- The ECPA prohibits employers from monitoring employees’ personal phone calls even if the calls were made or received on an employer’s property.
- The ECPA also makes it a civil liability for employers to read, disclose, delete, or prevent access to an employee’s voicemail.
- In general, employers have the right to view, copy, and monitor employee email messages when there is a legitimate business purpose.
Employee privacy – State
- Connecticut and Delaware require that employers provide employees with written notice prior to intercepting or monitoring electronic communications or internet usage information.
- To date, 26 states plus Guam have enacted legislation limiting an employer’s ability to access an employee’s social media accounts.
- Illinois, Texas, and Washington each have laws regulating the collection, storage, and disclosure of biometric identifiers, such as face scans, fingerprints, or voiceprints.
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