There are multiple ways in which privacy issues can arise in an employment setting. The balancing act between an employee’s privacy interests and employers’ interests in maintaining a functioning workplace continue to evolve, especially with the increasing popularity of social media and the ubiquity of electronic data. Through use of examples and case law analyses, this paper provides a rich overview of two key areas where privacy issues can arise: employers collecting or disclosing private information of employees and employees improperly accessing or disclosing private information in employers’ custody.

This paper is part of a collection presented at LESA’s 2019 Privacy Update program.