The insider threat and employee privacy: An overview of recent case law

The detection of insider threats is one area of ongoing work at the CERT® Insider Threat Center. This paper addresses the legal landscape surrounding employee privacy in the workplace. While this broad area implicates many different types of law, this paper focuses on some current issues that employers may want to be aware of when implementing policies and practices to mitigate the insider threat, including monitoring of current employees. Electronic, physical and other methods of monitoring are discussed, which can reveal insider threat indicators. Relevant federal and state laws are also discussed.1