Texas Employee Privacy Information Sheet and Handout

State:
Multi-State
Control #:
US-438EM
Format:
Word; 
Rich Text
Instant download

Description

This Employment & Human Resources form covers the needs of employers of all sizes.

The Texas Employee Privacy Information Sheet and Handout is a comprehensive document that provides employees in Texas with key information regarding their privacy rights in the workplace. It serves as a reference guide to assist both employers and employees in understanding the legal boundaries and expectations surrounding employee privacy in the state of Texas. This information sheet covers various aspects related to employee privacy, including but not limited to: 1. Social Security Numbers (SSN) Protection: The document outlines the employer's responsibility to protect employees' SSNs and describes the permissible uses and disclosure of these numbers. 2. Personal Information Protection: It elucidates how employers should safeguard employees' personal information, such as addresses, contact numbers, and medical data, from unauthorized access and misuse. 3. Electronic Communications and Internet Usage: This section provides detailed guidelines on employees' expectations of privacy while using company-provided electronic devices (computers, smartphones, etc.) and employer-owned network systems. It emphasizes the importance of clear policies and consent from employees for monitoring electronic communications conducted through work-based channels. 4. Application Laws and Regulations: The handout acquaints employees with relevant Texas privacy laws and regulations that govern their rights, including the Texas Personnel Records Act, Texas Identity Theft Enforcement and Protection Act, and other federal statutes like the Fair Credit Reporting Act (FCRA) and Health Insurance Portability and Accountability Act (HIPAA), where applicable. 5. Employee Monitoring and Searches: This section clarifies the extent to which employers can conduct surveillance, monitoring, or searches of employees' physical workspaces, personal belongings, electronic devices, or online activities. 6. Drug and Alcohol Testing: It explains the circumstances under which an employer can conduct drug and alcohol tests on employees, the confidentiality of test results, and potential consequences of violations. 7. Employee Consent and Notification: The document lays out the importance of obtaining informed consent from employees for any collection, storage, or sharing of personal information. It emphasizes the need for clear and transparent privacy policies and notifications. Some specific types or variations of the Texas Employee Privacy Information Sheet and Handout may include: 1. Texas Employee Privacy Training Handout: A training-specific variant that covers the same topics but in a structured educational format categorizing privacy issues, regulations to be aware of, and best practices maintaining employee privacy. 2. Texas Employee Privacy Notice: A simplified version that serves as a concise notice distributed to employees, summarizing their privacy rights and expectations without going into extensive detail. 3. Texas Employee Privacy Policy Acknowledgment Form: A form where employees acknowledge their understanding of the organization's privacy policies, consent to their implementation, and note any questions or concerns they may have.

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FAQ

The GDPR states that consent must be 'freely given, specific, informed and unambiguous'. This means that the data subject must be aware that they are consenting to have their data processed and should not be forced into giving consent.

While there is no single universal legal definition of private employee data, it generally includes employee addresses, photos, social security numbers, dates of birth, protected class information and medical records.

Under the Data Protection Act 1998 (DPA), your employer must make sure your personal data or information is 'processed' in a fair and lawful way. Processing includes obtaining, recording, storing, sharing, deleting and otherwise using information.

Organisations don't always need your consent to use your personal data. They can use it without consent if they have a valid reason.

Most, but not all, important job-related documents should go in the file, including:job description for the position.job application and/or resume.offer of employment.IRS Form W-4 (the Employee's Withholding Allowance Certificate)receipt or signed acknowledgment of employee handbook.performance evaluations.More items...

Four Common-Law Privacy ClaimsIntrusion into an individual's private solitude or seclusion.Public disclosure of private facts.Portraying an individual in a false light.Use of an individual's name or likeness.

So, what is employee data or HR data? Quite simply, it is an employee's application file, personal file, payroll information, leave/medical file, and all the information employers have about their employee whether it be to hire/fire, pay, provide benefits, enroll in 401k and similar programs, etc.

This can include salaries, employee perks, client lists, trade secrets, sales numbers, customer information, news about pending terminations, reasons for a firing, phone codes or computer passwords. You may not divulge this information while you are working for an employer or after you leave.

Texas law does not require an employer to allow an employee to access his or her personnel file (exception: public employees may request copies of their personnel file documents under the Public Information Act) - however, most companies allow supervised access and copying of contents at the employee's cost - a company

Employees have a right to privacy in the workplace, as well. This right applies to the worker's personal items, which include briefcases or handbags, as well as storage lockers and private email accessible only by the employee. Other employee rights include: Being free from harassment and discrimination of all types.

More info

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Texas Employee Privacy Information Sheet and Handout