Tracking Devices
New technology has provided employers with additional ways of monitoring employees. This includes use of global positioning systems (GPS) and radio frequency identification (RFID). Most commonly, employers use these devices to track employee location or, in the case of some RFlDs, to grant access to restricted workplace areas. Currently, there is no overarching federal statutory restriction regarding the use of RFID or GPS devices to monitor employees.
Accordingly, in the absence of applicable state law restrictions, use of such devices would be limited only to the extent that they invade an employee’s reasonable expectation of privacy. However, in a highly published news story, an Ohio surveillance company reported that it had implanted RFIDs under the skin of at least two employees (a practice called “tagging” or “chipping”).
The company did so as a security measure in order to control access to highly sensitive surveillance footage. As a response, California adopted a law prohibiting the use of subcutaneous RFIDs in the workplace.
This law also specifically prohibits conditioning employment upon an agreement to a subcutaneous implant. Other similar state laws are likely to follow.
In light of the many issues that may arise, security and privacy policies should be clearly spelled out in an employee manual or similar document. lt is also incumbent upon employers to stay current on federal and state privacy laws as they react to changes in society and technology.
Keeping an Eye On E-Business Workers