The Emerging Law of Data Privacy in the Employment Context

Abstract

This article examines the growing tension between employer surveillance capabilities and employee privacy expectations in the workplace. As employers increasingly use electronic monitoring, predictive analytics, and biometric data collection, the existing legal framework—built on the assumption that employees have limited privacy rights in the workplace—faces fundamental challenges. The article surveys the patchwork of federal and state laws governing workplace privacy and argues that a more comprehensive framework is needed to balance legitimate employer interests with employee dignity and autonomy.

Key Findings

• Existing employment privacy law fails to account for the scale of modern employer surveillance
• Predictive analytics and algorithmic hiring tools raise novel privacy and discrimination concerns
• Biometric data collection in the workplace presents unique risks requiring special protections
• A comprehensive federal workplace privacy statute is needed to replace the current patchwork approach

Related Statutes

• Electronic Communications Privacy Act
• Illinois Biometric Information Privacy Act
• GDPR (comparative)

Related Cases

• O'Connor v. Ortega (1987)
• City of Ontario v. Quon (2010)