This paper examines employee email and internet privacy policies in the workplace, drawing on a real-world company policy as a reference point. It discusses how current laws generally favor employer monitoring rights over employee privacy expectations, while noting exceptions such as attorney-client privilege protections and state-level statutes. The paper also evaluates the rationale behind monitoring policies — including preventing corporate espionage, sabotage, and legal liability — and weighs these benefits against the negative effects that close surveillance can have on employee morale, trust, and retention.
The increased usage of the Internet and email has changed the way companies do business. Nearly instantaneous communication can now take place globally, and information on a countless number of topics can be accessed from virtually anywhere in the world. These technological developments have not only helped employees increase their efficiency, but have also given them new means of distraction from their duties. For this reason, many companies have developed email and internet usage policies.
A typical workplace email policy states that emails should not include illegal or libelous statements, that email is to be used for business purposes only, and that all email communications are the property of the company. For this reason, the company may access sent and received messages from work computers at any time — including deleted emails stored on the company's servers. Internet policy is generally similar: the Internet is to be used solely for business purposes. Employees are directed not to release confidential information and to keep anti-virus programs up to date. Employees are also prohibited from visiting pornographic, illegal, unethical, or any other non-business-related sites.
For the most part, current laws regarding email privacy favor the employer. Emails sent through a company-owned system are the property of the company, and employers are therefore permitted to review their contents. As noted by the Privacy Rights Clearinghouse, this includes web-based email accounts such as Yahoo and Hotmail, as well as instant messages ("Fact sheet 7," 2010).
However, there are instances where courts have ruled in favor of employee privacy. In a notable March 30, 2010 New Jersey Supreme Court case, an employer retrieved email communications between an employee and their attorney. The court found this to be an invasion of attorney-client privilege, ruling in favor of the employee. Regarding internet privacy, employer monitoring is also generally permitted under current law. However, certain union contracts may limit an employer's monitoring rights, and states such as California have enacted additional employee privacy protections ("Privacy rights," 2010).
"Policies protect firms from espionage, sabotage, and liability"
"Employees overestimate privacy of personal accounts and keystrokes"
"Surveillance deters misconduct but risks morale and retention"
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