Email Privacy Ruling Helps Employers with Security Concerns: a California Court of Appeals ruling clarifies that employees do not have enforceable privacy rights when using company email systems if the employer has a technology use policy that permits employer inspection of company email. The Court reasoned that an electronic communication is not confidential, and cannot be privileged when the following 3 factors are present:
- The electronic means used belongs to the employer
- The employer has specifically advised the employee that communications using the employer’s electronic means are not private, may be monitored, and may be used only for business purposes;
- The employee is aware of and agrees to these conditions prior to using the email system. We can share more about how to protect your business from employee wrongdoing and the results of such behavior with appropriate “Acceptable Use Policies” and technology practices.
We thank Richard Rosenberg, Employment Attorney at Ballard Rosenberg Golper and Savitt for his contribution to this insight.