Email Surveillance at Work

These days, most jobs involve some use of the computer.  As a result, most employees have access to the internet and therefore, email.  In addition, employers may seek to monitor the activities of their employees in order to regulate productivity.  Consequently, employers may seek to monitor their employees, which ultimately involves the issue of employee workplace privacy.

Laws on Email Surveillance and Workplace Privacy

Generally, there are very few laws applicable to email surveillance, email spying and email monitoring in the workplace.  However, there is one law which is sometimes applicable to this situation.  This law is entitled the “Electronic Communications Privacy Act” (hereinafter, “ECPA”).  Under the ECPA, while an employee may still monitor an employee’s email, the employer may be subject to liability if the employer affirmatively intercepts an employee’s email and thereafter uses the email knowing that it is an illegal email interception.  Another law pertaining to email surveillance relates to employee claims based upon violations of employment policies.  These policies may arise pursuant to an employee policy manual, handbook, a memo or contract.  Generally, if an employer has a policy which indicates that email surveillance will occur and certain ramifications will apply as a consequence, the employer must abide by the policy.  Failure to adhere to this email privacy policy can result in an employee lawsuit based upon violation of the policy.

There are also laws regarding workplace privacy.  Initially, federal law permits the monitoring of business calls under the Electronic Communications Privacy Act.  In addition, if a computer terminal is owned by the employer and utilized by the employee in the course of employment, state laws generally permit the employer to monitor and access the computer network and computer terminal.

Common FAQs

• An employer may generally read and view communications in the workplace unless there is an employer policy which indicates otherwise
• Employers may record telephone numbers dialed from telephones extensions pursuant to a pen register
• Company email is the property of the company and therefore, the company is the owner of the email system and may legally view its contents
• Video monitoring is generally permitted in the workplace for security purposes

Help from an Employment Lawyer

If on has been the subject of potential violations of workplace privacy in the workplace, one should consult with an experienced employment law attorney.  An experienced attorney can not only evaluate the details of one’s situation, but an attorney can also direct one towards the most appropriate course of action.  In addition, an experienced employment attorney will have the resources available to research the matter, if necessary, and to determine what legal options one may have.