1. Explain where an employee can reasonably expect to have privacy in the workplace.

When it comes to employment, many employee privacy rights are granted by specific laws, rules,

and/or regulations. For example, there are laws that create a right to privacy in employee personnel

records, the use and maintenance of employee social security numbers, employee medical information,

background screenings, and the like. But what about cases in which there is no specific statute or code

that creates a right to privacy? Does one exist anyway?

The answer is maybe. Sometimes, whether a privacy right exists is determined by reference to the

"reasonable expectation of privacy." This is a concept which basically asks if, in the particular

circumstances, it was reasonable to expect that certain conduct or communications would be

considered private. "Reasonable expectation of privacy" can be raised where, for example, an

employer searches an employee's office or cubicle, looks through an employee's working files, or

searches an employee's locker at work. Was it reasonable for the employee to believe that his or her

office or cubicle is a private area that the employer cannot search without first asking permission?

Determining whether there was a "reasonable expectation of privacy" typically involves a balancing

test, and many factors must be considered to decide whether the employee had a privacy right in

answer to these questions. Items to be considered are, for example, the content of the employer's

policies and whether employees were put on notice of a lack of privacy, how and whether the policies

were regularly enforced, the sort of privacy right involved, the nature of the employer's business

interest, the nature of the employee's privacy interest, the type of information involved, the level