ARE YOU BIG BROTHER? YOU ARE IF YOU USE ELECTRONIC MONITORING!
In Connecticut, if you are an employer and engage in electronic monitoring you must post a notice to employees of the monitoring. But, what is electronic monitoring?
According to Connecticut statute, electronic monitoring is the collection of information on an employer’s premises concerning employees’ activities or communications by any means other than direct observation, including the use of a computer, telephone, wire, radio, camera, electromagnetic, photo-electronic or photo optical systems. This includes collection of information for security purposes.
The most common type of electronic monitoring most employers have is surveillance cameras or access to Company e-mail. It can also include monitoring the location of employees via GPS tracking devices placed on company vehicles or even the find my friend feature on an iPhone. It could also include mobile device management software that is becoming more prevalently used by employers to ensure a lost device does not result in a loss of confidential or proprietary data. Mobile device management software allows the employer to remotely erase all data from a lost device. It also often allows for location tracking of the device and thus the employee that possesses it.
Failure to post a proper notice can result in civil penalties. The first offense is five hundred dollars, one thousand dollars for the second offense, and three thousand dollars for the third offense and any offense thereafter. A sample notice can be found here: https://www.ctdol.state.ct.us/wgwkstnd/ElectMonitoring.pdf.
Electronic monitoring is only one of many notices required to be posted by Connecticut employers. Employers would be wise to review the notices they have to ensure they are current and all necessary notices are in place. Failure to do so can lead to steep fines.
Brody and Associates regularly advises management on complying with state and federal employment laws including privacy laws. If we can be of assistance in this area, please contact us at firstname.lastname@example.org or 203.454.0560.