Daily DashboardEuropean Data Protection Digest

Opinion: Employee Monitoring a Touchy Subject

SURVEILLANCE—EU & U.S.

July 6, 2011

Employers considering monitoring employees should watch recent developments in the U.S. and Europe before proceeding, advises Philip Gordon in a Littler Workplace Privacy Counsel blog. Two bills were introduced on Capitol Hill last month on the use of location data; the Supreme Court has agreed to review a court decision holding that police tracking of a suspect violated Fourth Amendment rights, and the EU Article 29 Working Party's recently published opinion on geolocation services on smart mobile devices states that employers cannot lawfully monitor employees unless for a "legitimate business purpose." Such a focus in the EU "very well may spill over to the U.S. workplace," Gordon writes.
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