Privacy in Electronic Communication Watch Your E-Mail : Your Boss is Snooping!

As use of information technology increases, there has been an upsurge in the way that people can access and deal with personal data, particularly in electronic format and over electronic communications system. A whole world of electronic monitoring continues to grow rapidly with the increasing amounts of technology. In every electronic communication, an Internet user gives away some form of personal information. As individuals engage in routine online transactions, they leave behind a trail of personal details, often without any idea that they are doing so. The Internet is not yet a secure medium over which to communicate personal information without having due consideration of the risks and legal issues involved. The rapid growth and increasing use of the Internet give rise to many and complex privacy issues. Questions arise as to what are employee's privacy rights when using the office e-mail system for personal or non-work related use and the employer's responsibility in ensuring that the company's e-mail system or Internet is not abused. Employees are worried about privacy and the employer's increasing use of software to read, intercept and monitor employee's electronic e-mail or Internet usage. In many cases workplace monitoring can seriously compromise the privacy and dignity of employees. Surveillance techniques can be used to harass, discriminate and to create unhealthy dynamics in the workplace. In general, US courts are not easily persuaded that e-mail snooping by employers constitutes an invasion of the employee's legitimate expectations of privacy in the workplace, given the employer's ownership of the e-mail system. On the other hand, although EU law is clear that e-mail interception is illegal, the law is not totally clear as to whether companies may prohibit employees from sending private e-mails. Corporate IT usage is still a legal grey area