Email Privacy Laws.
lloy0076
lloy0076 at rebel.net.au
Thu May 25 18:55:07 CST 2000
Daniel!
> I heard a company is asking its employees to sign a disclaimer saying that
> they wont use thier work email address for personal email etc etc.
>
> 1. Is that Legal?????
Yes. I believe it would stand in court. It would be the same as "do not
use our franking machine for other than company purposes". I always take
a look at e-mail in a conservative law fashion...it is mail. You can
legally request your employees not use your letterhead/postal services
for work not related to the business. Same with e-mail.
> 2. Is it legal for the company to pry into thier email if they don't sign it
> ???
Yes. There is a case - HELP ME SOMEONE - which found that the company's
e-mail (personal or otherwise) belonged to the company. Very legal. The
case, in memory, said that the e-mail sent belonged to the company and
the company had a right to read the e-mail. The employee had used a
service owned by the company. The employee had failed to say "any e-mail
that I consider is personal is not the company's property". Hence, the
company which provided the e-mail address won. Why? On the basis that
the employee was employed with the company, and that the employee would
not have had access to said e-mail services without employment....
E-mail sent from or to an employer's accounts IS the employer and your
property. You may be able to claim copyright. You cannot claim TOTAL
ownership. The employer is entitled to read it.
DL
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