Employee E-Mail: A Protected Right to Privacy

Brandy L. Scott

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DOI: 10.2190/E3JA-XKTQ-TX71-QHT1

Abstract

This article examines the constitutional, statutory, and common law protection given to employee e-mail that is either transmitted or stored on the employer's communication system. The article looks at the protection given to employee e-mail by the U.S. Constitution, a number of federal and state statutes, and recent court decisions and it provides a policy exemplar for companies to consider. While the law is not fully settled, rarely have employee e-mail communications been accorded protection under concepts of privacy.

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