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Your Boss Can't Read Your Email, Courts Say

Judges start to sympathize with employees in privacy disputes

By Kevin Spak,  Newser Staff

Posted Nov 19, 2009 11:42 AM CST

(Newser) – No matter what your employers tell you, they probably can’t spy on your emails without telling you, recent court rulings suggest. While in the past courts have often sided with corporations on issues of email privacy, lately they’ve been more sympathetic to employees, the Wall Street Journal reports. Earlier this year, for example, a New Jersey appeals court ruled that employers can’t pry into private email accounts, even if they’re accessed on a work computer.

“Computers are becoming recognized as being so much a part of the ongoing personal as well as professional life of employees,” said one First Amendment attorney. But corporate lawyers argue that every keystroke on a company computer is company property. “Employers are right to expect their employees when they are paid for their time at work are actually working,” said one lawyer. Employees won’t want to hear that; in a recent poll, 52% admitted to checking private email accounts at work.

Courts are starting to side with employees in e-mail privacy disputes.
Courts are starting to side with employees in e-mail privacy disputes.   (Shutterstock)
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COMMENTS
Showing 3 of 17 comments
thephat
Nov 22, 2009 1:02 AM CST
We are the minority.
thephat
Nov 22, 2009 1:01 AM CST
Thanks for the productive suggestions from many of you. Antcis, I think you have misunderstood what is going on here. I am more worrying about finding the line between acceptable personal business at work, and unacceptable. Not so much every single minute of my time. However, I bet your attitude sucks at work.
Doctor-Zaius
Nov 21, 2009 2:41 AM CST
About 15 years ago the fortune 500 company I worked for sent me to a leadership class anyone Manager and above had to go to. One of the scenarios we discussed was about a guy who was a little louder than the other employees and who had a somewhat eccentric work area but he always had the best numbers in his group and whatever group he was in had the best numbers. His supervisor has already had a talk with him to quiet down and clean up his work area but he really hasn't changed. The gist of the scenario was to accept that people are people and let them have some autonomy and they will be happier and more productive. Although it went against my own intuition I have incorporated this into my management style and have always been amazed at how much more productive people are if you treat them with a little respect. Funny thing was the senior management all wanted to fire his ass.

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