Privacy Rights
The
California Constitution guarantees a right to privacy.(13) Courts have interpreted the
right to privacy to cover employment issues such as drug testing, personnel files and
information, background investigations, medical information, financial records, political
affiliation, polygraph testing and searches of employee property.
SAMPLE NON-CONFIDENTIALITY POLICY
This memo is to notify all employees that the company policy relative to use of
company equipment is as follows:
Company X provides equipment and systems to all employees to assist in performance of
their job. These systems include but are not limited to telephone, fax, e-mail, voice
mail, computers, LAN/WAN, Internet, VAX, copiers. These tools are to be used to increase
efficiency and productivity and to expand business opportunities:
- All electronic equipment and systems are the property of Company X.
- All messages, data, tests, etc. composed upon, sent or on these systems are the property
of Company X. They are not the private property of any employee.
- No personal or private messages, test or data should be placed on any Company X system,
at the risk of these transmissions being read by others.
- No systems may be used for soliciting employees or others for religious, political or
other non-job related functions, either for private uses or for outside organizations
without specific permission by Company X management.
- Systems are not to be used to create or distribute any offensive or disruptive messages
such as statements or material containing sexual, racial or gender related comments.
- No employee may send, seek to acquire, compose or transmit any materials that contain
offensive or harassing statements or materials. This includes, but is not limited to,
comments or materials of a sexual nature, media expressing political beliefs or materials
which are hostile or discriminatory towards individuals or groups of individuals based on
age, religion, gender, race, color, national origin, pregnancy, sexual orientation,
disability, and/or other recognized, protected classes. Any abuse of Company Xs
equipment or systems may result in disciplinary actions up to and including termination,
even for first time violations of the above.
- The electronic systems are not to be used to send or receive copyrights materials, trade
secrets, proprietary financial information except Company X generated information.
- The Company reserves and may exercise the right to review, audit, intercept, access and
disclose all messages created, received, or sent over Company X systems. The contents of
information obtained by such reviews or audits may be read by Company management, without
the permission of the employee.
- No messages are confidential. Even when a message is erased, it is still possible to
retrieve and read that message. Further, the use of passwords for security does not
guarantee confidentiality. All passwords must be disclosed to the company upon request.
- Individual office home pages should not be set-up on the Internet. Employees are
reminded that Company X has its own home page which is maintained as needed.
- Referencing Company X on personal home pages is discouraged. To maintain Company
Xs image consistency, advertising references to Company X on personal home pages is
discouraged and should be approved in advance by the Geographic Division Manager.
- Please refer to Company Xs E-mail and Internet Usage Guidelines.
Employee Signature:_____________________________Date:_________________
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