Electronic mail and privacy in the corporate environment

The author addresses the issues related to electronic mail (E-mail) with respect to privacy in the workplace. The first topic reviews the sections of the Electronic Communications Privacy Act (ECPA) of 1986 that may be applicable to E-mail privacy in the corporate environment. The ECPA was enacted to protect against unwarranted search and seizure on the part of the government. However, there is some question as to how the ECPA applies to corporations. The second topic reviews recent litigation that has risen out of corporate inspections of employee E-mail. These employee suits involve the use of corporate assets that supported private E-mail for employees. The third topic presents some proactive corporate strategies to prevent or at least reduce the risk of corporate liability. It is important to establish a corporate privacy policy with respect to E-mail and publish it. A policy in a manual will be of little help in the event of a lawsuit