Employee Privacy: Utah

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

Author: Rachel Otto, Strindberg and Scholnick, LLC

Summary

• While employees generally do not have an expectation of privacy in the workplace, Utah law provides several specific limitations on an employer's right to monitor employee activity. See Employer Right to Monitor Employee Activity.
• Under Utah law there are four invasion of privacy claims that can be maintained: (1) intrusion upon solitude/seclusion; (2) appropriation of a person's name or likeness; (3) public disclosure of embarrassing private facts; and (4) publicity that places the person in false light in the public's eye. See Employee Right to Privacy.
• Employers who provide accurate information to prospective employers in good faith are protected from liability. See Employment References.
• Utah law places limitations on employer rights monitor employees with respect to surveillance and testing. See Limitations on Employer Rights.
• Utah law gives covered Utah consumers privacy rights with respect to their personal data but does not apply to employment-related data. See Utah Consumer Privacy Act.