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Managing Employees' Expectation of Privacy With an Employee Privacy Policy

 

Terry McQuay
Nymity Inc.
March 1, 2005
(Download this Article in PDF format)


Do employee privacy policies remove employees' ability to control the collection, use and disclosure of their personal information? They do not. This must be accomplished by obtaining employee consent, often through the use of employment agreements. Employee privacy policies inform employees about their privacy rights and of the employer's ability to collect, use and disclose their personal information as they see fit, for business purposes.

Consent - A Condition of Employment

Employment agreements offer employers an opportunity to obtain privacy consent whereby employees provide their employers with authorization to collect, use and disclose their personal information for business purposes. One could argue that consent is a condition of employment.

An employment agreement may provide the organization with consent, but an employee privacy policy is necessary to address privacy in the workplace.

Customer Privacy Policies Provide Notice and Choice

Federal and provincial privacy Acts require organizations to create privacy policies to inform customers and potential customers of their privacy rights. Customer privacy policies document the organization's policies regarding the collection, use and disclosure of the individual's personal information. Individuals are therefore allowed to make an informed choice about whether to consent to the loan of their personal information to the organization. The policy includes opt-out provisions that permit the individual to withdraw consent, thus requiring the organization to cease the use and disclosure of the individual's personal information.

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