Photos and Social Media Posting in the Workplace

Posted by BAS - 12 December, 2013

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Employers may wish to consider limiting the ability of employees to take photos in the workplace.

An Arizona hospital is being called into question after an employee posted a photo of her workstation on Facebook. The photo included a picture of the employee's computer screen, which allegedly displayed patient information, including Social Security number. The patient somehow became aware of the Facebook post, and is now claiming that she has been the victim of identity theft. The Facebook post was removed.

This incident brings to light the potential problems that can occur with respect to taking photos in the workplace, and the potential of those photos being posted in social media.

Case law has proven that it is difficult to regulate an employee's use of social media on their own time. However, employers generally have the right to regulate employee use of work time and work equipment. Depending on the business, an employer might consider implementing a no-photo policy. This policy could extend to the workstation, as well as restrooms and break areas. If established, the policy should be communicated clearly to employees.

Topics: HR & Benefits Compliance


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