How Private Is Your E-mail?

While U.S. law offers limited privacy protection for communication over the Internet, almost none exists for electronic messages sent within the workplace. In fact many companies take the position that they not only have a right, but the responsibility to review employees' e-mail. They argue that e-mail is no different than writing letters and memos on company letterhead. Because electronic communication represents the company and is conducted using company equipment over the company network, businesses contend that they have a right to monitor e-mail. Many employees take the opposite position, claiming their right to privacy unless informed otherwise.

While most companies routinely use e-mail, many don't have an official e-mail policy. In the absence of a policy, employees often feel a false sense of security, particularly because their e-mail accounts are password protected. Passwords do offer some protection, but not from system administrators, who can access almost anyone's e-mail. This comes as news to many employees who mistakenly believe that communication with colleagues is private. In fact in a number of cases, casual e-mail messages that criticized the company have landed on the boss's desk. The result? The employees were fired. In the ensuing lawsuit, U.S. courts have upheld company actions.

To avoid legal skirmishes, businesses, even small ones, should establish an Acceptable Use Policy for e-mail that clearly sets out permissible workplace uses, prohibited uses, and penalties for violation of the policy.

You can protect yourself from prying eyes. First of all, regard e-mail as you would a postcard. Would you send confidential information this way? Obviously not. Second, to transmit sensitive data, use encryption software to encode your message so no one but the recipient can read it. Try TrueCrypt, a free open-source encryption program.

Last update: Jan 18, 2010