Are there any laws governing the surveillance of employee computer use?
Yes, there are laws governing the surveillance of employee computer use in California. The California Supreme Court has ruled that employers may monitor their employees’ computer use, provided that the employees are provided with reasonable notice. This includes monitoring emails, websites visited, and documents produced on employer-owned computers. Employers may also use electronic data collection, such as keystroke logging, for enforcement of applicable rules and regulations, though this must also be done with reasonable notice. In addition, the California Electronic Communications Privacy Act (CalECPA) largely prohibits employers from accessing and reviewing employee telephone, text messaging, and other personal digital communications. However, there are exceptions to this; employers are allowed to access and review certain digital communications when the employee has given express and informed consent to the monitoring. It is important to bear in mind that the law varies greatly between different states, and compliance with the law requires businesses to stay up to date on the state-specific requirements governing employee privacy and computer use. California law is especially strict regarding employers’ rights to monitor employee use of computers, but businesses should also be aware of any federal laws governing similar topics, such as the Stored Communications Act.
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