The author notes a lack of legislation and common law for new forms of employee surveillance and monitoring, and proposes criteria for their use.

The authors describe the usefulness of electronic surveillance, the judicial endorsement of its use (except where in violation of the ECPA), the constraint of “unreasonable search and seizure” for public employees, and the admissibility of such evidence and of workplace searches in cases of employee misconduct (even where the evidence is obtained in violation of …

Monitoring of call center employees’ conversations and data about phone use and computer use data raise “right of privacy” issues. Judicial and legislative approaches to the issue are examined, as is the consistent recognition by arbitrators of management’s right to monitor and obtain data on work performance. Professor Westin notes that monitoring can be abused, …