Employee privacy law and the developmenting law relating to employee medical information and "other" private matters

Abstract

Workplace privacy law is a prominent matter in society today, and it is extremely broad in scope. This paper sets forth the historical background of the common law right to privacy and presents some discussion of employees’ right to privacy in the public sector and in the private sector. In the context of these rights, the paper then focuses on the developing law of employee privacy relating to employer use, disclosure of medical information, and disclosure of other private matters, such as exposure the HIV or a homosexual lifestyle. The author recommend that employers create better protocols for handling employee information so that confidential information is safeguarded, as well as concentrate on best practices for employment decisions made on the basis of merit.