Employee Data Monitoring and Privacy
Labor and Employment | PrivacyWe advise on employee monitoring, workplace privacy, personnel records, and data protection requirements affecting employee information and workplace surveillance.
Overview
Balancing Monitoring and Privacy
Employers increasingly monitor employees while navigating growing privacy expectations and legal requirements. MC Law's Employee Data Monitoring and Privacy practice helps employers balance legitimate monitoring interests with privacy obligations.
Electronic Monitoring
Technology enables extensive monitoring. We advise on monitoring of email, internet use, computer activity, social media, and communications. We address notice requirements, consent issues, and reasonable expectations of privacy.
Physical Monitoring Physical surveillance raises legal issues. We advise on video monitoring, GPS tracking, and workplace searches. We ensure monitoring programs comply with applicable legal requirements. Personnel Records Employers maintain extensive employee data. We advise on personnel record requirements, access rights, retention obligations, and data security. We help employers manage personnel information appropriately. Privacy Policies Clear policies support monitoring programs. We draft privacy policies and acknowledgments that establish employer monitoring rights. We ensure employees understand and consent to monitoring where required. BYOD and Remote Work Personal devices and remote work complicate monitoring. We advise on BYOD policies, remote monitoring, and the intersection of personal and business activities on employee devices. Data Protection Employee data is subject to privacy regulation. We advise on compliance with CCPA, GDPR, and other privacy laws as applied to employee information. We help employers develop compliant HR data practices.Our Services
labor_and_employment
Federal registration and validity opinions
privacy_and_date_security
Federal registration and validity opinions
policies_and_procedures
Federal registration and validity opinions
Licensing & Transactions
Negotiate and draft license agreements
DMCA Services
Takedown notices and counter-notices
Enforcement
Cease and desist through litigation
Fair Use Analysis
Evaluate fair use defenses and risks
Music & Entertainment
Industry-specific copyright matters
Frequently Asked Questions
Generally yes, especially on company-owned systems with proper notice. Employers should implement clear policies notifying employees of monitoring, obtain consent where required, and be aware of state wiretapping and electronic surveillance laws that may impose additional requirements.
Limits include federal and state wiretapping laws, the Stored Communications Act, NLRA protections for concerted activity, reasonable expectation of privacy in certain areas, state-specific privacy laws, and potential claims for invasion of privacy or intentional infliction of emotional distress.
Collect only necessary data, limit access to those with legitimate need, implement reasonable security measures, comply with applicable data protection laws including state privacy statutes, maintain data retention schedules, and provide required notices about data collection practices.
Bring Your Own Device policies allow employees to use personal devices for work. Legal issues include data security, privacy expectations on personal devices, wage and hour implications of after-hours access, data preservation for litigation, and remote wipe capabilities.
Key laws include state consumer privacy laws that may cover employee data, state biometric privacy laws, personnel records access laws, social media password protection laws, and sector-specific rules like HIPAA. The legal landscape is rapidly evolving across states.
Fair use is a defense that permits limited use of copyrighted material without permission. Courts consider four factors: the purpose and character of use (commercial vs. educational, transformative vs. copying), the nature of the copyrighted work, the amount used, and the effect on the market. Fair use is highly fact-specific.
For works created today by individual authors, copyright lasts for the life of the author plus 70 years. Works made for hire and anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter. Older works may have different terms.
Yes, software code is protected by copyright as a literary work. Both source code and object code can be registered. However, copyright protects the expression of ideas, not the underlying functionality—patent protection may be more appropriate for novel methods and processes implemented in software.
Our virtual legal services offer streamlined, cost-effective solutions for common copyright needs. Services like copyright registration, assignment agreements, and DMCA takedowns are available online with fixed, transparent pricing. You get the quality of a top IP firm with the convenience of digital delivery.
Related Matters
Represented streaming platform in landmark DMCA safe harbor case. Successfully defended client's safe harbor status while obtaining injunctive relief against repeat infringers, resulting in dismissal of $500M damages claim.
Prosecuted copyright infringement claims on behalf of professional photographers whose work was used without authorization. Secured significant damages award and implementation of improved licensing procedures.
Enforced copyright and trade dress rights in mobile game against clone applications. Obtained preliminary injunction and permanent removal of infringing apps from major app stores worldwide.
Cutting-edge case addressing use of copyrighted music in AI training datasets. Negotiated comprehensive licensing framework that allows continued AI development while protecting rightsholders' interests.
Prosecuted claims against former executive who copied proprietary source code to competitor. Established ownership under work-for-hire doctrine and obtained injunction plus damages for willful infringement.
Represented academic publisher in enforcement action against site hosting pirated textbooks. Implemented systematic takedown program and pursued contributory infringement claims against operators.
Get in Touch
Connect with our copyright team to discuss your matter
Practice Contacts
Michael Roberts
Sarah Kim
