Cameraphones—the latest ubiquitous technology—come with their own dangers.
Employers have become wary of these fun little devices because they have the potential to create big privacy problems on the job.
Not surprisingly, we’re being asked to advise clients on employees’ use of cameraphones. More employers are realizing the need for a formal policy that puts employees on notice as to the limits of permissible cameraphone use in the workplace.
Although no federal or state laws yet regulate the use of cameraphones in the workplace per se, inappropriate use of cameraphones can violate myriad laws already on the books. An employee whose picture is taken in a work location where privacy is reasonably expected (e.g., a company changing room or restroom) can assert a cause of action under most states’ tort laws for violation of privacy and, possibly, a claim under federal, state or local anti-discrimination laws.
