Even when a litigant can’t assert a statutory privilege, private matters may nonetheless be protected from discovery under the constitutional right of privacy. Balancing the privacy interest at stake against the need for discovery has always been a difficult task. But a recent California Supreme Court case, Williams v Superior Court (2017) 3 C5th 531, has clarified the proper analysis to use.
The following is a guest blog post by Cynthia E. Fruchtman, a lawyer who represents employers and employees in all aspects of the employment relationship and represents businesses in commercial and employment-related litigation.
It is becoming increasingly common for employers to monitor employee workplace activities electronically. For employers, investigation methods such as video camera surveillance, computer monitoring, and drug testing may be seen as an aid to efficient operations. But employer’s beware: These tools can create several potential areas of liability.