Employee and email privacy

voodoo

Just wondered if anyone knew if there was any legislation which guarded against what employers could do with regards to reading employees emails? Are employees entitled to read emails going into and out from a mail box and if so, what action could they take if say you were discussing an external job opportunity with someone else....

G

In my experience, the employees contract should state that their email and even the computer they use to read it should be used for work related purposes only.

That way you'd have a case to dismiss them for breach of contract in your circumstances. Also, if their emails are supposed to be work related you wouldn't be breaching the Data Privacy Act if you read them.

dod

Due to issues relating to vicarious liability, where an employer is responsible for everything that is transacted across the companies network, e.g. over an employees mail, it has become more common than not to get new employees to sign email usage document, which, to cut through the crap, basically says that because the employer is responsible for what comes in or goes out on your email, that they must be allowed to intercept it.

The norm is that employers are asking employees who have not signed an internet/ email policy (e.g. who became employees before this law came into effect) to sign one now that will basically sign-away any right they had to privacy in the past.

If you have *not* signed an internet/ email policy document, either separately, or integrated into your contract of employment, then, in theory, your employer should not be allowed to access your email without you giving your prior consent and without you being present. Were this eventuality to arise, you would be allowed to have an independent person present during the perusal of your mail to allow independent confirmation of what has or has not been found in your email.


This is my understanding of the situation, I am subject to being corrected by an employment-law expert.

Also see here http://www.email-policy.com/

Victor

Many companies have policies allowing them to read your e-mail, monitor your web-browsing, tape your phone calls and video your work.

You are however allowed "run your life" and companies must make some allowance for important contacts - the creche to say your baby is sick, the bank manager for that mortgage loan and so on. This should be on a "use, but not abuse" basis.

Originally posted by voodoo
Are employees entitled to read emails going into and out from a mail box

If it is your mailbox or perhaps one in the format of info@company.xx or mail@company.xx, then it is probably OK (assuming you are allowed access this account). They could use disciplinary action if it was someone else's mailbox and you didn't have permission to read it. A network admin or manager quite possibly has the right to investigate any mail or other network transaction, in particular.

Originally posted by voodoo
what action could they take if say you were discussing an external job opportunity with someone else....

You are allowed look for other work, however it isn't wise to put your work e-mail on your CV as (a) it tells your next employer that you are prone to liberties (b) it may mean a less benign approach is taken in promoting you (c) it may be a breach of company policy and you will be subject to discipline.

voodoo

Thanks for the feedback guys.

What I done was sent a job description to a friend, who works in a very bureacratic environment and she freaked out! I was wondering if ther was anything that they could do. It's not as if they had actually applied to the position from her work email or anything...

Borzoi

Tip for all those with highly bureaucratic email snoopers.

Most have a policy that asks you to report any 'dodgy' email, so you do, report every piece of spam crap to them. If you don't get much spam - ask a friend to sign you up for some!

Basicly overload the system, make the sysadmin work for his snooping rights:D

Victor

Originally posted by voodoo
What I done was sent a job description to a friend, who works in a very bureacratic environment and she freaked out! I was wondering if ther was anything that they could do. It's not as if they had actually applied to the position from her work email or anything...

I wouldn't worry about it.