, 2006-07-31
Even with a well-heeled corporate privacy policy stating that all employee communications may be monitored in the workplace, the legality of e-mail monitoring is not as clear cut as one might think.
Expand all |
Post comment
E-mail privacy in the workplace
2006-08-02
Craig S Wright (2 replies)
Craig S Wright (2 replies)
Great point. Employers have a vested interest to monitor communications. We don't monitor just because we can; I would argue that to stand the test of legality, we must prove that the monitoring was essential to the the employer's protection of her ability to continue to operate her business.
Another good quote from the ECPA:
"It shall not be unlawful under this chapter for an operator of a switchboard, or an officer, employee, or agent of a provider of wire or electronic communication service, whose facilities are used in the transmission of a wire or electronic communication, to intercept, disclose, or use that communication in the normal course of his employment while engaged in any activity which is a necessary incident to the rendition of his service or to the protection of the rights or property of the provider of that service..."
Here it expressly allows us to monitor specific activities - not because we obliged our employees to sign a privacy waiver, but because such monitoring was (ostensibly) a "necessary incident" to our ability to continue to conduct business operations.
On the flip side, what if we DIDN'T monitor anything and an employee was engaged in terrorism, or even worse (!) copyright infringement. :)
Thanks!
--dan
[ reply ]
Link to this comment: http://www.securityfocus.com/comments/columns/412/33880#33880