Data Privacy and Electronic Workplace Monitoring Tools: Compliance and Risk Mitigation

This CLE webinar will guide data privacy and cybersecurity practitioners through emerging electronic workplace monitoring practices, outlining key federal and state privacy laws that clients need to understand before implementing or changing such practices. Our faculty will examine how to align digital surveillance practices with privacy expectations and protections, including policy and drafting strategies that minimize data privacy risks. The program will also spotlight data breach and coverage considerations.

Electronic workplace monitoring tools are used for many legitimate business purposes, including the protection of confidential and proprietary information, the detection of data security breaches, ensuring regulatory compliance, investigating employee misconduct or harassment, and productivity improvement. For highly regulated industries, tracking efforts are also used to support federal and state-imposed recordkeeping and supervision obligations. The myriad of operational and security benefits of these workplace practices are undeniable, but if implemented improperly, they will expose businesses to legal claims, regulatory scrutiny, reputational harm, and significant privacy and compliance risks.

This webinar will explore key federal and state legal considerations when implementing or changing workplace monitoring efforts. Federal laws, including the Stored Communications Act (SCA) and the Electronic Communications Privacy Act (ECPA) will be examined. The ECPA generally prohibits the interception of electronic communications, with some exceptions for employer-provided systems, ordinary business activities, and where consent is given. 

State laws add another layer of restrictions and complexity to administering a lawful, effective workplace surveillance system. Some states, including California, Connecticut, and New York, require notice or consent for electronic monitoring, and many states expressly recognize residents' privacy rights. Some states also restrict audio recording, GPS tracking, or off-duty surveillance—even on employer-owned devices. Our faculty will provide a high-level overview of key state privacy rights and requirements to help attendees evaluate whether and how to help clients implement electronic workplace surveillance tools.

Some proactive steps to mitigate privacy-related risk include written notices, employee consent, training, and more selective data collection. Our faculty will share practice pointers on drafting these tools, memorializing compliant policy practices, and recommended manager/HR/IT training, including data stewardship and data breach responsibilities.

Listen as our experienced panel examines key federal and state privacy laws and shares practical guidance for advising clients on electronic workplace monitoring systems. Attendees will leave with resources to help clients set policies and deploy monitoring technologies that comply with evolving privacy laws.