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Abstract

Existing law surrounding employee privacy does not adequately address privacy concerns raised by microchip programs. A handful of states have passed laws that prohibit mandatory employee microchipping programs, but the vast majority have not passed any preventative legislation. In states that have passed laws, the limited protections that do exist fail to address a wide range of issues that have not yet come up in the context of employer-provided technology. This comment will briefly overview employee privacy law to highlight some of the issues that will arise if the law remains untouched. Then, it will propose solutions that would serve to better protect employees from these issues. As technology continues to develop, it will gather more information and the potential for abuse will only increase. Without legal safeguards, employees will be left nearly defenseless against employers with access to ever-increasing information about their employees.

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