Collecting Data In The Workplace

There are many instances where people collect data about others in the workplace and they sometimes do so without considering the legal implications that such data collection may have. For instance, if an individual were to take a look at the privacy policy of another company, he or she would not necessarily expect to see anything that pertains to that other company. However, the data collector has a reason to believe that there may be something in the document that is not appropriate, or that there may be some sort of inappropriate use of data. In the first instance, such a person would probably be well within his or her rights to investigate and take measures to remedy the situation before any problems arise. In the second instance, the employer may be within their rights to discipline the person for conduct considered to be in violation of the privacy policy.

Another area in which collecting data in the workplace is often questionable is when the person is doing so as a means of gaining new clients or for the purpose of promoting a business. In both instances, the legal issue of whether or not the collection of this data is legal becomes a much more complex issue. The key question that arises is whether or not the employee actually has a reasonable expectation of privacy in the workplace. If the employee is being surveyed in order to improve the services that he or she provides, for example, the fact that they are being observed increases the likelihood that the person has a reasonable expectation of privacy in the workplace.

Of course, the fact remains that the law does not recognize a generalized right to invade the privacy of others. The courts have held that it is not unlawful for a company to monitor the activities of its employees in the workplace in order to improve customer service or to reduce the liability risk associated with products or services that may be sold as a result of those activities. Such monitoring is not lawful simply because it is done for the sake of increasing profits. An employee monitoring program can be considered valid only if it is undertaken for the purposes of improving the quality of service that the company provides or of reducing the likelihood of harm to customers. In this regard, it should be noted that there is a difference between invasion of privacy and the use of personal information for purposes of direct marketing.

There are two primary sources from which a company may obtain data in the workplace. The first is the use of "in person" surveys. In these cases, the employee is simply asked questions regarding their level of satisfaction with the company and their overall job performance. The second source of data is through questionnaires. In this case, the employee is simply advised to fill out a questionnaire for a particular purpose. The legality of each of these sources depends upon the state in which they are conducted.

Before a company can consider the use of either of these sources in its workplace data management strategy, it must establish certain legal requirements. In the case of an "in person" survey, the employee must be allowed to take the survey on his or her own time and at his or her own discretion. Likewise, a questionnaire must be answered only by individuals who are working for the company, unless the question is intended to benefit the company by inducing respondents to partake in a survey for a rival competitor. Otherwise, it is illegal to combine personally-written or otherwise impersonal questionnaires with data gathered through other channels.

The legal issues surrounding data security in the workplace become particularly important when companies rely on outside contractors to collect data or to manage the database. These "contributors" may include web site owners, search engine spiders, email subscribers or anyone else who has access to the data. Because the majority of online sources for data are anonymous, the legal risks are high if data gets into the wrong hands. Again, compliance with legal standards is imperative.

While the legal issues concerning data security in the workplace are important, the most pressing issue is one of perception. Many people view businesses collecting data about their employees as unsavory. At best, they view it as creepy or improper. At worst, they view it as an invasion of privacy. At best, the perception is that third-party vendors are simply stealing data without proper authorization.

Regardless of how companies collect and store the data, whether they are using third-party vendors or conducting the survey themselves, compliance with legal standards and best practices is critical to the organization's reputation and operation. Without those things in place, your reputation, your business, and even your paycheck, could be at risk. As you begin to think about collecting data in the workplace, consider these legal issues and the impact they might have on your organization.