September 28, 2004 8:30 AM

No expectation of privacy
Posted by Jason Butlerat 8:30 AM

Sometimes it's important to "go behind enemy lines." Here is another interesting article on workplace privacy, but it's from corporate lawyers interested in protecting the interests of the company.

There is no reasonable expectation of privacy in electronic mail ("e-mail") sent, stored or received at work. Smyth v. The Pillsbury Co., 914 F. Supp. 97 (E.D. Pa. 1996). The computer hardware and software belong to the employer, and so does all the information stored on it. Id. at 101. The Smyth court noted that the e-mail communications were made voluntarily over the company e-mail system and that the company was not requiring the employee to disclose any personal information about himself. Id. Notwithstanding any assurances by the employer that such communications would not be intercepted, no reasonable expectation of privacy could be found. Id. Moreover, the court held that the company's interest in preventing inappropriate and unprofessional comments or even illegal activity over its e-mail system outweighs any privacy interest the employee may have had in comments made over e-mail. Id.

Short version: you have no rights, according to the laws of the land. It is what it is.

The only right you have is to take your talents to employers less invasive. As the market turns, talented people are less likely to tolerate corporate BS, especially on matters of principle like personal privacy.
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