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Employee privacy at work: What your employer can—and can’t—track 

On Behalf of | Jul 7, 2025 | Employee Rights

When you are on the job, your employer may have more access to your activity than you think. But where is the line between reasonable monitoring and invasion of privacy? Understanding your rights as a worker in Indiana can help you protect your personal information and maintain your autonomy, including your conduct outside of work hours.

Workplace monitoring

In Indiana, employers legally monitor employee activity in various ways. This is especially true on company-owned equipment. They often track email, internet use, phone calls and video surveillance. Indiana law does not require employers to notify employees of monitoring. The only exception is if they record audio, which may fall under the state’s wiretapping laws.

Personal data and devices

Generally, employers can access information on company-issued devices. But when you use your phone or laptop, they generally cannot see the contents. The exception is if you connect your device to the company’s network.

Your employer also should not ask for passwords to your accounts. They need a valid reason and your consent before doing so. Employers who collect your personal data must protect that information. This includes Social Security numbers, health records or financial details. Indiana law requires them to take reasonable steps to protect your data. They must also notify you if someone breaches it.

Off-duty conduct

Indiana’s at-will employment law allows employers to discipline or terminate employees for off-duty behavior. However, they cannot take action if the conduct is protected by law.

You have the right to engage in legal activities outside of work. This includes political speech or private lifestyle choices. Employers can only intervene if your actions interfere with your job or harm the company’s reputation.

They also can’t retaliate against you for protected actions. This includes union organizing or filing complaints.

What counts as an invasion of privacy?

Employers invade your privacy when they access your private spaces or data without permission. For example, they cannot place hidden cameras in restrooms. They also cannot read personal emails sent from private accounts. Demanding access to confidential medical records may also violate your privacy rights.

If your employer crosses the line, talk to an employment attorney. Knowing your rights helps you set clear boundaries and protect your privacy at work.

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