Q: MY workplace installed a new time recording system where employees are required to provide our photos and fingerprints to be able to clock in and out for work. I am concerned about all the personal information my employer already has about me – my name, address, phone number, Social Security number, bank account, my photo, and now my fingerprints. What if these information fall into the wrong hands? How can we protect ourselves?
A: It used to be that palm or fingerprint scans only existed in science fiction. But because of great advances in technology, sophisticated devices are increasingly taking over our lives. New devices provide ease, convenience, speed, and accuracy. But with the advantages also come disadvantages. One major concern of emerging technology is its impact on our privacy rights.
The use of so-called biometric systems in the workplace is becoming increasingly common. Biometric systems are designed to obtain biometric information, which are information generated by automatic measurements of an individual’s biological characteristics that are used to authenticate an individual’s identity. Such information include a fingerprint, voice print, eye retinas or irises, facial recognition, voice prints, or other unique biological characteristic.
Given that employers possess several private personal information of their employees, what are the employees’ rights as to how employers use these information?
First of all, the United States and California Constitutions guarantee the right to privacy. Privacy protection allows a person to control information about herself/himself that is made available to the public. The right to privacy imposes limitations on an employer’s improper use of information, even where such information was properly obtained. Invasion of privacy claims may be made where there is improper disclosure of the reasons for an employee’s termination, protected medical information, baseless drug tests, or unreasonably intrusive investigations.
Aside from constitutional guarantees, California law also prohibits employers from providing their employees’ biometric information, such as photos or fingerprints, to third parties where these information could be used to harm the employee. Additionally, employers must provide safeguards so that none of its managers or employees accidentally disclose this information to third parties. Thus, employers must ensure that such sensitive biometric information are safely stored and protected.
Current California law requires any business that maintains personal information about a California resident to implement and maintain reasonable security procedures and practices, to protect the personal information from unauthorized access or disclosure. The list of personal information include one’s Social Security number, driver’s license number, financial information and others. There was a recent push in the legislature to expand this protection to include medical information, health insurance information, geophysical location information, biometric information, and signature as also protected information. But so far, the bill has not been signed into law.
Employees are right to be concerned about an employer’s request for more private information such as fingerprints, voice exemplars, photos and even DNA, and the possible misuse of these private data. Clearly, the law needs to catch up with the many advances of workplace technology use. Employees who are concerned about their privacy at work are smart to consult with an experienced employment attorney to protect their rights.
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The Law Offices of C. Joe Sayas, Jr. welcomes inquiries about this topic. All inquiries are confidential and at no-cost. You can contact the office at (818) 291-0088 or visit www.joesayaslaw.com.
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C. Joe Sayas, Jr., Esq. is an experienced trial attorney who has successfully obtained significant recoveries for thousands of employees and consumers. He is named Top Labor & Employment Attorney in California by the Daily Journal, consistently selected as Super Lawyer by the Los Angeles Magazine, and is a member of the Million Dollar-Advocates Forum.