What Information Can Your Employer Collect About You?
Your employer may know a lot about you.
Depending on your job and workplace, your employer may collect information about your identity, contact information, employment history, pay, attendance, performance, work communications, computer activity, location, and other aspects of your employment.
But that does not mean an employer has an unlimited legal right to collect whatever information it wants.
There is no single federal law that gives employees a broad right to keep all personal information away from their employers. Instead, different federal laws protect different types of information and activities. State and local privacy laws may provide additional protections.
The legality of an employer collecting information often depends on what information is being collected, how it is collected, why it is being collected, and what the employer intends to do with it.
This distinction is especially important when the information involves medical conditions, genetic information, background checks, electronic communications, location tracking, biometrics, or employees’ legally protected workplace activity.
This guide explains what employers can generally collect, what information receives special legal protection, and when an employer’s information-gathering practices may cross a legal line.
Table of Contents
- Is There a General Federal Right to Employee Privacy?
- What Basic Information Can an Employer Collect?
- Can Your Employer Collect Information About Your Work Performance?
- Can Your Employer Monitor Your Computer Activity?
- Can Your Employer Collect Your Emails and Work Messages?
- Can Your Employer Monitor Your Personal Email?
- Can Your Employer Track Your Location?
- Can Your Employer Track Your Personal Phone?
- Can Your Employer Collect Your Medical Information?
- What Medical Information Must an Employer Keep Confidential?
- Can Your Employer Collect Your Genetic Information?
- Can Your Employer Collect Information From a Background Check?
- Can Your Employer Collect Information From Social Media?
- Can Your Employer Collect Your Biometric Information?
- Can Your Employer Collect Your Financial Information?
- Can Your Employer Collect Your Health Information Through a Wellness Program?
- Can Your Employer Collect Information About Your Wages?
- Can Your Employer Collect Information About Your Attendance?
- Can Your Employer Collect Information About Your Location When You Work From Home?
- Can Your Employer Collect Information About Your Off-Duty Activities?
- Can Your Employer Collect Information About Your Health Through Your Doctor?
- Does HIPAA Prevent Your Employer From Collecting Your Medical Information?
- Can Your Employer Collect Information About Your Criminal History?
- What Information Is Most Heavily Protected?
- What Information Can Your Employer Collect Without Asking Permission?
- Can Your Employer Collect Information Without Telling You?
- Does My Employer Own My Personal Information Because I Work There?
- What Should You Do If You Think Your Employer Is Collecting Too Much Information?
- What If My Employer Uses the Information Against Me?
- Frequently Asked Questions
- The Bottom Line: What Information Can Your Employer Collect About You?
- Disclaimer
Is There a General Federal Right to Employee Privacy?
Not exactly.
The United States does not have one comprehensive federal employee privacy law that prohibits employers from collecting personal information about their employees.
Instead, employee privacy is governed by a combination of federal laws, state laws, local laws, contracts, employer policies, and common-law privacy protections.
For example:
- The Americans with Disabilities Act (ADA) restricts when employers can obtain disability-related medical information and requires covered employers to keep employee medical information confidential.
- The Genetic Information Nondiscrimination Act (GINA) restricts employers from requesting, requiring, or purchasing genetic information, subject to narrow exceptions.
- The Fair Credit Reporting Act (FCRA) regulates certain background reports obtained from consumer reporting agencies for employment purposes.
- The National Labor Relations Act (NLRA) protects certain employees who engage in protected concerted activity concerning wages and other terms and conditions of employment.
- Federal electronic-communications laws can restrict certain types of interception and access to communications, although those laws contain important exceptions.
- State and local laws may impose additional requirements involving employee monitoring, biometric information, consumer privacy, location tracking, recording, and other personal information.
Therefore, the question is usually not simply, “Can my employer collect information about me?”
The better question is:
“What information is my employer collecting, how are they collecting it, and what law applies?”
What Basic Information Can an Employer Collect?
Employers generally need to collect certain information to employ and pay workers and to operate their businesses.
This can include:
- Your name
- Address
- Telephone number
- Email address
- Date of birth
- Social Security number or other identification information
- Emergency contact information
- Employment eligibility information
- Bank information for direct deposit
- Tax withholding information
- Job title
- Work location
- Work schedule
- Employment start date
- Compensation information
- Benefits information
- Attendance records
- Timekeeping records
- Performance information
- Training records
- Disciplinary records
Collecting this type of employment information is generally not prohibited by federal law.
However, an employer’s ability to collect or disclose particular information can still be affected by other laws.
For example, an employer may legitimately need your bank information to process direct deposit. That does not mean the employer can necessarily use or disclose that information for an unrelated purpose without considering applicable privacy, contractual, or state-law requirements.
Can Your Employer Collect Information About Your Work Performance?
Generally, yes.
Employers ordinarily have a legitimate business reason to evaluate employees’ performance.
An employer may collect information such as:
- Productivity
- Sales or production numbers
- Quality-control results
- Attendance
- Tardiness
- Missed deadlines
- Customer complaints
- Performance evaluations
- Work-related communications
- Compliance with workplace policies
- Disciplinary history
- Training completion
Employers may also use technology to measure work activity.
For example, depending on the workplace and applicable law, an employer might track:
- Computer logins
- Websites visited on company systems
- Applications used
- Files accessed
- Email activity
- Time spent on systems
- Screen activity
- Work calls
- GPS location of company vehicles
- Other work-related activity
However, monitoring laws vary significantly by jurisdiction.
An employer should not assume that because information relates to work, every method of collecting it is automatically lawful.
Can Your Employer Monitor Your Computer Activity?
Often, yes—particularly when you are using an employer-owned computer or network.
Employers commonly monitor company technology for reasons such as:
- Cybersecurity
- Preventing unauthorized access
- Protecting confidential information
- Investigating misconduct
- Compliance
- Productivity
- Protecting company property
Depending on the technology and circumstances, monitoring may include information about websites visited, applications used, files accessed, emails, or other activity on company systems.
Federal electronic-communications law does not create an absolute prohibition against workplace monitoring. The Electronic Communications Privacy Act (ECPA), for example, contains exceptions that can permit certain interceptions, including circumstances involving consent and ordinary-course business activities. The specific facts matter.
State laws can also require additional notice or impose other restrictions on electronic monitoring.
Worker Wisdom’s article Can Your Boss Read Your Emails? explains the privacy issues surrounding work email and electronic communications in more detail.
Can Your Employer Collect Your Emails and Work Messages?
Generally, employers have significant ability to access work communications occurring through employer-controlled systems, particularly when the employer owns the account or system and has established applicable policies.
For example, an employer may collect or retain:
- Work emails
- Messages sent through company communication systems
- Business-related instant messages
- Voicemails
- Files attached to work communications
- Records showing when communications occurred
But electronic communications raise legal issues that depend on the circumstances.
The ECPA generally prohibits certain unauthorized interceptions of wire, oral, and electronic communications, while providing important exceptions. Employer monitoring therefore cannot be analyzed simply by saying either “employers can always read everything” or “employees always have privacy.”
Your employer’s monitoring policy can also be important.
If an employer tells employees that company systems are monitored, employees may have a reduced expectation of privacy when using those systems. State law may nevertheless impose additional requirements.
Can Your Employer Monitor Your Personal Email?
Using a personal email account does not automatically give your employer permission to access the account.
There is an important difference between:
Your personal email account
and
your employer’s email system.
If you use a personal Gmail, Outlook, Yahoo, or other personal account, your employer generally does not have unlimited authority simply because you are an employee.
The situation can become more complicated if you access the account through:
- A company-owned computer
- A company network
- Employer-installed monitoring software
- A company-managed mobile device
- A workplace application
- An employer’s remote-access system
The fact that a personal account is accessed from a workplace device does not automatically resolve every privacy question.
The applicable law can depend on exactly what the employer accessed, how it accessed it, whether the employee consented, and whether state law provides additional protection.
Can Your Employer Track Your Location?
In many circumstances, employers can collect location information related to employees’ work.
For example, an employer may use GPS or other location technology to track:
- Company vehicles
- Delivery drivers
- Field employees
- Sales employees
- Employees traveling between job sites
- Company-owned mobile devices
There may be legitimate business reasons for doing so, including safety, route management, timekeeping, customer service, and protecting company property.
But location tracking can become legally complicated when an employer tracks an employee’s location outside working hours or through a personally owned device.
There is no single federal law that categorically prohibits all employer location tracking.
Instead, state privacy laws, electronic surveillance laws, common-law privacy protections, employment policies, and the circumstances of the tracking may all matter.
For more information, see Worker Wisdom’s article Can Companies Track Your Location or Devices?
Can Your Employer Track Your Personal Phone?
The answer depends heavily on the circumstances.
An employer generally has greater control over a company-owned phone than an employee’s personal phone.
If you use your own phone for work, your employer may have legitimate reasons to manage or secure company information on the device. A bring-your-own-device (BYOD) policy may also require employees to use certain security measures or employer applications.
But using your personal phone for work does not automatically make the entire contents of the phone company property.
Personal information such as:
- Personal text messages
- Personal photographs
- Personal email
- Banking information
- Personal social-media accounts
- Personal browsing activity
can raise separate privacy concerns.
Check out our article Can Your Employer Search Your Phone at Work? discusses this issue in greater detail.
Can Your Employer Collect Your Medical Information?
This is one of the areas where federal law provides significant protection.
The ADA places strict limits on disability-related inquiries and medical examinations involving employees.
Once employment begins, an employer generally may ask disability-related questions or require a medical examination only when the inquiry or examination is job-related and consistent with business necessity, subject to certain other circumstances recognized under the law.
There are also situations in which an employer may lawfully obtain medical information, including when an employee requests a reasonable accommodation or when medical documentation is needed under applicable leave or workplace requirements.
The important point is that an employer does not have unlimited authority to demand medical information simply because an employee works for the company.
The EEOC explains that medical information obtained by an employer generally must be treated as confidential and maintained separately from ordinary personnel information, subject to limited exceptions.
What Medical Information Must an Employer Keep Confidential?
The ADA generally requires covered employers to keep employee medical information confidential.
This protection can apply to medical information that an employee voluntarily provides as well as information obtained through a disability-related inquiry or medical examination.
For example, medical information might include information concerning:
- A disability
- Medical restrictions
- A request for reasonable accommodation
- Medical documentation supporting leave
- Information obtained through a permitted medical examination
Medical information generally should not simply be placed in an employee’s regular personnel file.
The EEOC states that medical information should be maintained separately and disclosed only in limited circumstances, such as when supervisors or managers need information concerning accommodations or work restrictions, when first-aid or safety personnel need information for emergency assistance, or when disclosure is otherwise permitted by law.
Can Your Employer Collect Your Genetic Information?
Generally, employers are subject to significant restrictions under GINA.
The Genetic Information Nondiscrimination Act prohibits employers from requesting, requiring, or purchasing genetic information about applicants or employees, except in narrowly defined circumstances.
Genetic information includes things such as:
- An individual’s genetic tests
- Genetic tests of family members
- Family medical history
- Information about an individual’s or family member’s requests for or receipt of genetic services
- Certain genetic information concerning a fetus or embryo
GINA also prohibits employers from using genetic information to make employment decisions.
This means an employer generally cannot simply ask an employee about the family’s history of cancer, heart disease, or another hereditary condition for employment purposes.
There are limited exceptions. For example, GINA recognizes certain circumstances involving inadvertent acquisition, voluntary wellness programs, FMLA certification, publicly available information, and other narrowly defined situations.
If an employer possesses genetic information, it generally must be kept confidential and maintained separately from ordinary personnel information.
Can Your Employer Collect Information From a Background Check?
Yes, employers can conduct many types of background checks, but federal law imposes important requirements in some circumstances.
Employers may seek information about:
- Employment history
- Education
- Criminal history
- Financial history
- Professional credentials
- Driving records
- Other background information
The EEOC and Federal Trade Commission explain that employers generally may consider background information, subject to applicable discrimination laws and other legal restrictions.
If an employer obtains a consumer report from a consumer reporting agency for employment purposes, the Fair Credit Reporting Act can impose additional requirements.
For example, an employer generally must:
- Provide the required disclosure that a consumer report may be obtained for employment purposes
- Obtain the applicant’s or employee’s written permission
- Follow specific procedures if it intends to take adverse action based on the report
- Provide required notices and information when taking adverse action
The FCRA requirements apply to covered consumer reports and do not mean that every piece of information an employer finds independently is automatically subject to the FCRA.
State and local laws can impose additional restrictions on criminal-record and credit-information inquiries.
Can Your Employer Collect Information From Social Media?
Employers can often review information that is publicly available online.
The fact that an employer looks at publicly available information does not automatically make the information private or protected.
However, there are important legal limits on how employers can use information they find.
For example, employment decisions cannot lawfully be based on protected characteristics such as race, religion, sex, national origin, disability, genetic information, or age when prohibited by applicable discrimination laws.
The EEOC specifically warns that employers must apply background-screening practices consistently and cannot use background information in a discriminatory manner.
GINA also contains restrictions on acquiring genetic information, although the law has a specific exception for genetic information obtained from commercially and publicly available sources.
In addition, state laws may regulate how employers obtain or use social-media information.
An employer therefore should not assume that anything found online can automatically be used for any employment purpose.
Can Your Employer Collect Your Biometric Information?
Potentially, but biometric information deserves special attention.
Depending on the workplace and technology involved, an employer may use biometric systems for purposes such as:
- Timekeeping
- Security
- Access control
- Identity verification
- Building entry
- Device authentication
Biometric information can include information derived from characteristics such as fingerprints, facial measurements, or other identifiers, depending on the applicable law.
Federal law does not provide one comprehensive employee biometric-privacy law that applies nationwide.
However, some states and local jurisdictions have enacted laws specifically regulating biometric information.
Those laws can impose requirements concerning issues such as:
- Notice
- Consent
- Collection
- Disclosure
- Retention
- Security
- Destruction of biometric information
Because these requirements vary substantially by jurisdiction, an employer’s collection of biometric information should be evaluated under the law where the employee works and any other applicable law.
Can Your Employer Collect Your Financial Information?
Employers commonly collect certain financial information for legitimate employment purposes.
For example, an employer may need:
- Bank account information for direct deposit
- Tax withholding information
- Payroll information
- Benefit contribution information
- Retirement-plan information
That does not mean employers have unlimited access to an employee’s personal financial life.
A credit report is different from ordinary payroll information. When a covered consumer report is obtained from a consumer reporting agency for employment purposes, the FCRA may apply.
State laws can also restrict employment-related credit checks.
Can Your Employer Collect Your Health Information Through a Wellness Program?
Potentially, but special rules can apply.
Employer-sponsored wellness programs can involve the collection of health-related information. Federal laws, including the ADA and GINA, impose restrictions on how employers can obtain and use certain health and genetic information.
GINA, for example, recognizes a limited exception for genetic information collected as part of certain voluntary health or genetic services offered by an employer.
The legal requirements can depend on how the program is structured, whether participation is voluntary, what information is requested, who receives the information, and how the information is used.
Employers should not assume that labeling a program a “wellness program” eliminates other legal obligations.
Can Your Employer Collect Information About Your Wages?
Yes. Employers obviously need compensation information to operate payroll and comply with tax and employment laws.
But collecting wage information is different from restricting employees from discussing their own wages.
Section 7 of the National Labor Relations Act protects many private-sector employees who engage in protected concerted activity concerning wages and other terms and conditions of employment.
The National Labor Relations Board has recognized employees’ rights to discuss wages and working conditions in many circumstances.
Therefore, an employer’s collection and maintenance of payroll records does not automatically mean it can prohibit employees from discussing their own compensation.
There are important exceptions to NLRA coverage, including certain categories of employees who are not covered by the Act.
The legal issue should therefore be analyzed based on the employee’s status and the specific workplace rule or conduct involved.
Can Your Employer Collect Information About Your Attendance?
Generally, yes.
Attendance is ordinarily directly related to employment.
Employers may maintain records concerning:
- Hours worked
- Start and end times
- Absences
- Tardiness
- Vacation
- Sick leave
- Other forms of leave
- Scheduling
- Overtime
However, attendance records can sometimes contain protected information.
For example, an employee’s request for medical leave or a disability accommodation may reveal medical information. When that happens, the medical information may be subject to the ADA’s confidentiality requirements.
An employer may therefore be allowed to know that an employee is absent without necessarily being allowed to disclose the employee’s medical diagnosis to coworkers.
Can Your Employer Collect Information About Your Location When You Work From Home?
It depends.
Remote work creates new privacy questions because employers may use technology to determine where employees are working.
An employer may have legitimate reasons to know an employee’s work location, including:
- Payroll and tax compliance
- Security
- Customer service
- Scheduling
- Compliance with geographic work restrictions
- Protecting company information
But continuous location tracking of an employee—especially through a personal device and outside working time—can raise different privacy concerns.
There is no single federal rule that answers every remote-work location-tracking question.
State privacy and surveillance laws can be particularly important.
Can Your Employer Collect Information About Your Off-Duty Activities?
Sometimes, but employers do not have unlimited authority over everything an employee does away from work.
The legal analysis can depend on:
- What information the employer obtained
- How the employer obtained it
- Whether the activity was public
- Whether the employee was using company equipment
- Whether the activity is protected by federal or state law
- Whether the employer’s conduct violates a state privacy law
- Whether the employer took an adverse employment action based on protected activity
Some states have laws protecting lawful off-duty conduct or restricting particular types of employer inquiries.
Certain off-duty conduct can also involve rights protected by federal employment laws.
Therefore, the fact that an employer is interested in what an employee does outside work does not automatically give the employer a legal right to collect or use all information about that activity.
Can Your Employer Collect Information About Your Health Through Your Doctor?
Sometimes, but medical-information requests are subject to important legal restrictions.
The ADA limits disability-related inquiries and medical examinations, particularly during employment.
For example, an employer generally cannot simply demand an employee’s complete medical history because the employee is having performance problems.
A disability-related inquiry or medical examination of an existing employee generally must be job-related and consistent with business necessity, subject to recognized exceptions.
An employer may also be entitled to limited medical documentation in circumstances such as a request for reasonable accommodation.
The employer should generally request information that is actually necessary to address the legitimate employment issue rather than demanding unlimited medical records.
Does HIPAA Prevent Your Employer From Collecting Your Medical Information?
Usually, no.
This is a common misconception.
HIPAA generally regulates covered entities such as certain health plans, health care providers, and health care clearinghouses. It does not operate as a general employee-privacy law that prohibits employers from ever obtaining medical information.
An employer may obtain medical information in circumstances permitted by other laws, including the ADA.
However, when the ADA applies, the employer may have strict confidentiality obligations concerning medical information it receives.
So the fact that an employer can legally obtain certain medical information does not mean the employer can freely disclose it to coworkers.
Can Your Employer Collect Information About Your Criminal History?
Often, yes, but restrictions may apply.
Employers may conduct criminal background checks for legitimate employment purposes, subject to federal, state, and local law.
The FCRA can apply when the employer obtains a covered consumer report from a consumer reporting agency. The employer may then have disclosure, authorization, and adverse-action obligations.
State and local “ban the box” and fair-chance laws can impose additional restrictions on when and how employers may ask about or use criminal-history information.
The fact that an employer can ask about criminal history also does not mean it can use criminal-history information in a discriminatory manner.
What Information Is Most Heavily Protected?
Some categories of information receive considerably stronger legal protection than ordinary employment records.
These include, depending on the circumstances:
Medical information: The ADA restricts certain disability-related inquiries and requires confidentiality for covered medical information.
Genetic information: GINA generally prohibits employers from requesting, requiring, or purchasing genetic information and prohibits its use in employment decisions, subject to narrow exceptions.
Certain background-check information: The FCRA imposes requirements when covered consumer reports are obtained from consumer reporting agencies for employment purposes.
Protected workplace activity: The NLRA protects covered employees who engage in certain protected concerted activity, including activity involving wages and working conditions.
Electronic communications: Federal electronic-communications law restricts certain interceptions and access but contains important exceptions.
Biometric and other personal information: State and local privacy laws may impose additional requirements.
What Information Can Your Employer Collect Without Asking Permission?
There is no universal rule requiring an employee’s permission every time an employer collects information.
Employers routinely collect information without obtaining separate permission for each piece of data because collecting employment information is often necessary to operate the employment relationship.
For example, an employer generally does not need to ask your permission every time it records:
- The hours you worked
- Your attendance
- Your job title
- Your performance
- Your wages
- Your work assignments
But other types of information may be subject to consent, notice, authorization, or other requirements.
For example, the FCRA generally requires written authorization when an employer obtains a covered consumer report for employment purposes.
State laws can also require notice or consent for particular forms of electronic monitoring, recording, biometric collection, or other data collection.
Can Your Employer Collect Information Without Telling You?
Sometimes, but this is an area where state law can make a significant difference.
Federal law does not require employers to provide one universal privacy notice explaining every piece of employee information they collect.
However, specific laws may require notice or other disclosures for particular types of information collection.
Employer policies can also matter.
For example, an employer’s technology policy may explain that company computers, email accounts, networks, or other systems are monitored.
Some states impose additional notice requirements for electronic monitoring.
Therefore, an employee should not assume either that:
“My employer has to tell me everything it collects,”
or:
“My employer never has to tell me what it collects.”
Neither statement is universally correct.
Does My Employer Own My Personal Information Because I Work There?
No.
An employer’s possession of information does not necessarily mean the employer owns every piece of information in the same sense that it owns company property.
For example, an employer may maintain your address, medical documentation, or payroll information because it has a legitimate employment-related reason to possess it.
Different laws can regulate how that information is collected, maintained, used, or disclosed.
The legal question is therefore not simply who “owns” the information.
The more useful questions are:
- What information is involved?
- Why was it collected?
- How was it obtained?
- Who can access it?
- How is it being used?
- Is it being disclosed?
- What law applies?
What Should You Do If You Think Your Employer Is Collecting Too Much Information?
If you are concerned about an employer’s data-collection practices, start by identifying exactly what is happening.
Consider these questions:
- What information is being collected?
- How is the employer obtaining it?
- Is the information coming from you, your device, a third party, or a public source?
- Why does the employer say it needs the information?
- Did you receive a privacy, technology, monitoring, or BYOD policy?
- Does the information involve medical or genetic information?
- Does the information involve wages or protected workplace activity?
- Is a background-check company involved?
- Does your state have employee privacy or monitoring laws?
- Is the employer collecting information outside working hours?
Document what you discover.
Save relevant policies, notices, emails, and other communications that you are legally permitted to retain.
If the information involves medical records, genetic information, electronic surveillance, biometric data, background checks, or another legally protected category, consider determining which specific law applies before confronting the employer.
What If My Employer Uses the Information Against Me?
Collecting information and using information are separate legal questions.
An employer may be legally allowed to collect certain information but prohibited from using it for a discriminatory or otherwise unlawful purpose.
For example, the EEOC explains that employers may conduct background checks, but they must comply with federal nondiscrimination laws when using background information in employment decisions.
Similarly, GINA prohibits employers from using genetic information in employment decisions.
The ADA can also restrict the use and disclosure of medical information.
Therefore, if you believe information collected about you was used to deny you a promotion, reduce your pay, discipline you, terminate you, or otherwise treat you differently, the reason the information was collected and the reason it was used may both matter.
Frequently Asked Questions
Can my employer collect personal information about me?
Generally, yes. Employers routinely collect information necessary to operate the employment relationship, including contact information, payroll information, attendance, performance, and employment records. Other information may be subject to additional legal restrictions.
Can my employer collect my medical information?
Sometimes. The ADA restricts disability-related inquiries and medical examinations and generally requires employers to keep medical information confidential.
Can my employer ask about my family medical history?
Generally, no. GINA generally prohibits employers from requesting, requiring, or purchasing genetic information, which includes family medical history, subject to narrow exceptions.
Can my employer run a background check on me?
Generally, yes. But when a covered consumer report is obtained from a consumer reporting agency for employment purposes, the FCRA imposes specific requirements, including disclosure and authorization requirements and procedures concerning adverse action. State and local laws may impose additional restrictions.
Can my employer monitor my work computer?
Often, yes. Employers generally have significant authority to monitor employer-owned systems, but federal and state laws can impose restrictions depending on what is monitored and how the monitoring occurs.
Can my employer track my location?
Potentially. Location tracking may be permissible when there is a legitimate business purpose, particularly when company vehicles or devices are involved. However, state privacy and surveillance laws may impose additional restrictions, especially concerning personal devices or off-duty tracking.
Can my employer monitor my personal phone?
Not automatically. The employer’s rights can depend on whether the phone is personal or company-owned, whether company software is installed, what information is being accessed, applicable policies, consent, and state law.
Does HIPAA prevent my employer from seeing my medical information?
Usually not. HIPAA is not a general employee privacy law. Other laws, particularly the ADA, may restrict when an employer can obtain medical information and how it must maintain and disclose that information.
Is everything in my personnel file confidential?
No. There is no single federal law that makes every piece of an employee’s personnel file confidential.
Some information receives specific legal protection, while other information may be governed by state law, employer policies, contracts, or other legal rules.
Does my employer have to tell me what information it collects?
Not always. Some laws require notice or consent for particular types of information collection, while other ordinary employment information may be collected without a separate notice each time.
State law can be especially important when it comes to electronic monitoring and other forms of surveillance.
The Bottom Line: What Information Can Your Employer Collect About You?
Your employer can generally collect a substantial amount of information about you, particularly information that is reasonably connected to the employment relationship.
That can include your:
- Contact information
- Payroll and tax information
- Work history
- Attendance
- Performance
- Work communications
- Use of company technology
- Work location
- Background information
- Other employment-related records
But an employer’s ability to collect information is not unlimited.
Federal law provides important protections for certain categories of information. The ADA limits disability-related inquiries and protects the confidentiality of medical information. GINA places particularly strong restrictions on employers obtaining and using genetic information. The FCRA regulates certain employment background reports. Federal labor law protects certain employee discussions and activities. Federal electronic-communications law can also limit certain forms of interception and access.
State and local laws may provide additional protections, particularly concerning employee monitoring, electronic surveillance, biometric information, location tracking, and other personal data.
The most important thing to remember is that there is no single rule governing all employee information.
If you believe your employer is collecting information that seems unrelated to your job, monitoring you outside work, demanding sensitive medical or genetic information, accessing personal communications, or using personal information against you, identify exactly what information is being collected and determine which law applies.
For more information, explore our Workplace Privacy Laws and Employee Surveillance Laws resources, including our guides on employer email monitoring, phone searches, location tracking, and sharing employee information.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Employment and privacy laws vary by state and individual circumstance. If you have a specific legal concern about information your employer is collecting, consider consulting a qualified employment attorney in your jurisdiction. Please read our Terms and Conditions.
Article: What Information Can Your Employer Collect About You
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