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Writer Beware
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 now 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.
An Ounce of Prevention
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, use encryption software to encode your message so no one but
the recipient can read it.
For a free download one of the most popular programs,
PGP (Pretty Good Privacy, visit the International PGP Home Page.
Last update: Dec 10, 2007
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