Can Employers Read Employee E-Mail and Track Internet Use?
Does the law protect the privacy of e-mail communications made on a company’s internal e-mail system? Many employees view the use of their employer’s e-mail system as akin to making a telephone call, and thus feel the e-mails they send on their company’s computers should be free from intrusion. Indeed, the Federal Electronic Communications Privacy Act forbids eavesdropping on telephone calls and e-mail messages sent via a public, Internet e-mail system. But with respect to an employer’s privately-owned internal e-mail system, the prevalent view among the courts is that employees do not have rights of privacy in e-mail communications they send and receive on their employer’s system. The Omnibus Crime Control and Safe Streets Act of 1968 makes it a crime to intercept or record an electronic communication without the consent of at least one party. However, the few courts that have addressed the issue in an employment setting have generally upheld the right of an employer to monitor employ
