Employee Privacy Policy

An Employee Privacy Policy informs an employee about their privacy rights at the workplace.

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Those starting a new job at a company have to sign many documents. One of those is the Employee Privacy Policy.As an employer, you will have access to their personal information when you enter a working relationship with an employee. You will access things like their legal name, Social Security Number, address, other contact information, and perhaps even the health records. With the Employee Privacy Policy, the employer informs the employees about storing and using that information.

What Is an Employee Privacy Policy?

The Employee Privacy Policy is there to protect both the employer and employee. As a private company, you have the right to share information with a third party if you have your employees' consent, just as long as you use it in good faith.

It means that if an employer is caught abusing their employees' privacy, the employee would have grounds for a lawsuit. The Privacy Policy also protects the employer because it explains to your employees the scope of confidentiality they can expect at the workplace. It should outline the extent to how employees are to be monitored.

Other Names for Employee Privacy Policy

Depending on your state, an Employee Privacy Policy may also be known as:

Employee Privacy Policy Template
Employee Privacy Policy Statement
Employee Privacy Notice
Employee Notice of Data Privacy Policy
Privacy Notice for Employees
Employee Privacy Agreement

Who Needs an Employee Privacy Policy?

Even if you're running a small to medium-sized business, you'll need an Employee Privacy Policy. To hire anyone, you need their personal and contact information. So, it's not only often required by law but a recommended practice.

Why Use 360 Legal Forms for Your Employee Privacy Policy

Customized for you, by you

Create your own documents by answering our easy-to-understand questionnaires to get exactly what you need out of your Employee Privacy Policy.

Specific to Your Jurisdiction

Laws vary by location. Each document on 360 Legal Forms is customized for your state.

Fast and easy

All you have to do is fill out a simple questionnaire, print, and sign. No printer? No worries. You and other parties can even sign online.

How to Create an Employee Privacy Policy with 360 Legal Forms

An Employee Privacy Policy often requires many clauses and subsections. If you want to cover all the bases, it's best to have a ready-to-go form. The requirements may differ from state to state, so it's best to leave nothing to chance.

Let 360 Legal Forms help with our extensive library of attorney-vetted legal forms. The process is fast and easy. All you have to do is fill out our easy-to-understand questionnaire. Once complete, simply download your form as a PDF or Word document from your secure online account.

What Information Will I Need to Create My Employee Privacy Policy?

To create your document, please provide:

Company Details: The legal name of the company and location.
Employee Details: The legal name of the employee and the contact information.
Type of Data: Specify whether the company uses and retains private information.
Scope of Data: An explanation of how the company uses the personal information of the employee.
Term: The duration of time the personal information will be stored by the company.
Employee Rights: All rights of the employee according to state laws explained.
Contact Person: The contact information of the designated individual in the of a violation of the policy.

Employee Privacy Policy Terms

Disciplinary Action: As used in employment law, this is a reprimand for poor performance or breaking the rules.
Termination: An end to an employment contract.
Non-Compete: An agreement on the part of the employee to not compete against their employer for a stated period.
Non-Disclosure: A clause calling for the employee to not share sensitive information with those outside the company.
Governing Law: The state's law will be invoked in the event of a dispute.

Employee Privacy Policy Signing Requirements

Every new employee should be given the Employee Privacy Policy to sign, whether physically or digitally. It does not require notarization.

What to Do with Your Employee Privacy Policy

The employer can decide how it will want to distribute the Employee Privacy Policy statement to its employees.

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Frequently Asked Questions

What is the difference between an Employee Non-Disclosure Agreement and an Employee Privacy Policy?

Both documents are standard practice in business and employment law. The main difference is that the Non-Disclosure agreement protects the proprietary data of the employer and the Employee Privacy Policy simply informs the employees as to which of their personal data will be used by the employer. They're similar in that they require a certain level of trust between the employee and the employer.

What is the difference between an Employee Handbook and an Employee Privacy Policy?

Both the Employee Handbook and the Employee Privacy Policies are things that most new employees are asked to sign by an employer. However, the Employee Handbook is merely a manual, which can be as simple as a booklet, that explains what the company stands for and its values. It also provides necessary details about what's expected of every employee. On the other hand, the Employee Privacy Policy is a document that explains how the company will use the private information of the employee. Often, the two go together.

What are the consequences of not having an Employee Privacy Policy as an employer?

Aside from the fact that some states require companies to have an Employee Privacy Policy, the most significant consequence of not having an Employee Privacy Policy is not being able to run background checks, apply disciplinary actions, and just overall not being able to run day-to-day operations.

Can an employee refuse to sign the Employee Privacy Policy statement?

Any employee may choose to decline to sign the Employee Policy statement. In return, the employer would just have a formal acknowledgment that the employee refuses to sign. This doesn't have to result in termination or disciplinary action, but it's possible if it's the company's internal rules and regulations.

Can an employer share your data with a third party?

As a rule, your employer doesn’t have the right to disclose your personal information to a third party without your consent. That’s what’s the Employee Privacy Policy is for. But if a situation occurs where the policy does not cover the disclosure scope, the company will need your consent first. An exception is if the employer is legally subpoenaed. Another exception is if there is an emergency or the safety of an employee is at risk.

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