Publications

Work Place e-mails and internet privacy - for whom?

The controversy over BT’s intrusive internet monitoring software is a timely reminder of how sensitive an area internet and email privacy is.  Employees using the internet can potentially cause severe damage to their employers – such as claims of harassment, discrimination, defamation or transmission of viruses.  Disgruntled employees can also use email to impart sensitive commercial information prior to their leaving employment.  How far can employers go in protecting themselves?

Covert Operation?

When you suspect an employee then covert interception of emails is allowed only in exceptional cases (where a crime may be committed or issues of national security arise).  Monitoring of emails and the internet is usually considered intrusive and workers have a legitimate expectation of a degree of privacy at work. This has to be balanced against the rights of employers to be able to check, or at least to feel secure, that their IT systems are not being abused or their business compromised.

The Policy

As good practice employers should adopt a policy if they wish to monitor electronic communications.   Workers should be made aware of the policy which should clearly state when phones, emails and internet can be used for private access and to note any restrictions to internet usage.  The policy should advise users of the need to exercise care and explain the purpose and intent of any monitoring and how it will be carried out.

The policy must also state that any computer misuse may result in disciplinary action (including dismissal in serious cases).

Although a policy will not enable an employer to directly intercept emails it will allow them to act if they have reasonable grounds of suspicion. The employee may also be deemed to have given his consent to a reasonable level of monitoring if the policy was drawn to his attention.

Author: David Malamatenios

Publication: London Chamber of Commerce Business Matters Magazine

Date: May 2009