Data privacy continues to be a primary focus of several recently enacted or amended state laws. Employees’ right to privacy is of particular interest in light of the various ways personnel can maintain connectivity to the digital world throughout the workday. The ease of which applications and devices track, collect and process personal information warrants the need to establish clearly defined rules for acceptable employment practices that comply with applicable data privacy laws. In recent years, there has been a notable expansion of employee data privacy rights with the proliferation of employment-related privacy laws and increased recognition of employee privacy by companies. This is especially evident through the enactment of state employee monitoring laws, the expiration of the employer exemption under the California Consumer Privacy Act (CCPA) and the implementation of employee specific privacy policies.

Employee Monitoring

States are trending towards increasing transparency and privacy in the workplace by passing laws that require employers to notify employees if they are monitoring them.

In May of 2022, New York became one of the latest states to recognize the importance of employee privacy through the enactment of its employee monitoring law. The law requires private employers with a place of business in New York to provide employees with written notice if the employer monitors or intercepts employee emails, internet access or usage, or telephone conversations....

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