Monitoring Employee Privacy In The Workplace

An employer’s right to monitor employee computer use is granted by three exceptions to the Electronic Communications Privacy Act of 1986. The first, called the business exception, gives employers the right to intercept communication on qualified devices during business. The second, the consent exception, allows employers to monitor communication if at least one individual gives their consent. And third, the service provider exception lets employers access information stored on wire or electronic communication systems they provide, such as email or voicemail, to protect their property rights.
These exceptions make it possible for employers to use a variety of monitoring systems and methods. They can use software that allows them to see data stored on company computers or displayed on the screen, whether the computer is being used in the workplace or at another location. They can track the amount of time employees spend working as well as the time they remain idle. If employees’ work requires heavy

If your employees use social media to interact with their customers, this activity will need to be described and differentiated from improper use of the same social media sites. Stresses the importance of “tailoring the policy to the nature of the employer’s business, the employee’s duties and what levels of authorization and freedom they may require to perform their job.”
Your policy should prohibit unauthorized encryption of information such as email on business computers, such as with solutions like PGP. There is no clear rule about employer access of password-protected employee accounts, and some courts have prohibited employers from accessing them.
To make it possible to enforce your computer use policy, state that violating the policy can lead to disciplinary action, and be specific. Describe whether warnings are required before action is taken, and what the action may consist