Employee Privacy: Michigan

Federal law and guidance on this subject should be reviewed together with this section.

Author: Rhonda Armstrong

Summary

• Public sector employees have greater protections than private sector employees because of their Constitutional protection from unreasonable searches by government employers. See Michigan's Constitutional Protection against Unreasonable Search and Seizure.
• Michigan's eavesdropping statute is more restrictive than federal law, and only permits eavesdropping when a party to the conversation consents to the recording. See Wiretapping and Eavesdropping.
• Applicants for employment may not be asked to reveal information regarding misdemeanor arrests that did not result in conviction, with some limited exceptions. See Background Checks, Credit Checks, and Arrest Records.
• Michigan prohibits collections of certain off-duty conduct information. See Off-Duty Conduct.
• Michigan provides protections against several categories of computer surveillance or destructive activities. See Computer Offenses.
• Michigan law requires employers to implement written policies for employees who have access to Social Security Number information. See Social Security Number Privacy.
• Michigan prohibits genetic testing and polygraph tests as a condition of employment. See Genetic Testing; Polygraph Tests.
• Michigan has criminal penalties for video surveillance in private areas or installation or tracking by GPS without appropriate authorization. See Video Surveillance and GPS Tracking.
• But for a few limited circumstances, employers desiring to conduct motor vehicle records checks of employees are required to obtain employee's consent. See Motor Vehicle Records Checks.
• Employers in Michigan are prohibited from requesting or requiring that applicants and employees grant access to, allow observation of or disclose information that allows access to or observation of personal internet accounts and social media websites. See Social Media Privacy.