posted on November 2, 2001 08:03:30 AM new
I was wondering if anyone knows the legalities, if any, of e-mail intrusion. I know that companies have the right to inspect an employee's e-mail if they so state in company policy. But if a hacker figures out an individual's sign-on and password, is their any legal protections, i.e., state, federal, or otherwise? Just curious.
posted on November 2, 2001 10:27:58 AM new
Is it your personal PC or is it the company's PC ?
Is it an online email service (like Hotmail) or is it your email address on your employer's email service ?
If the PC and/or the email service is property of the company, they can do pretty much whatever they want with their property, regardless of the stated company policy.
Anything on the employer's PC is fair game for the employer to do whatever they want to do with it.
Too many people find out too late that you have few if any privacy rights in the workplace.
posted on November 2, 2001 11:51:39 AM new
I'm well versed in what is and isn't legit in the office setting, and frankly, it's a little scary sometimes, but it is the company's computer and internet connection. I think a company has full right, but if and only if their right to intrude is clearly stated to the employees.
No, I'm talking about online e-mail services or a person's personal e-mail account via an ISP. Can a hacker be held responsible for intruding into your little corner of the internet. There are federal laws protecting snail mail, but thus far have always assumed no such protection exists concerning e-mail.
My wife thinks I'm paranoid because I change passwords often. She's only half-right--I'm just paranoid!
posted on November 2, 2001 12:18:54 PM new
Any unauthorized invaision of some one else's computer equipment is illegal.
The email account holder may not have a cause of action. I don't think there has been a case yet, but what is the property interest of the email account holder ? Some privacy rights have been espoused against govt intrusion into emails.
Much of the computer intrusion language is couched in the language of property and trespass. Some of the language regarding email is couched in electronic communications and privacy.
I think if we scruntinized the "agreement" language of our email accounts, there may be no right of privacy expressly stated regarding the owners of the email service/ISP entering the account and viewing the contents.
I would also add that an employer "spying" on an employee's company computer use can be done regardless of what they have told the employee. The best you might hope for is a breach of employment contract if there was language in the employee manual stating they wouldn't spy - but I have never heard of any company giving up that right. The figure I heard was that 65% of employers use software to regularly monitor employee computer use/key strokes/HD content.
posted on November 7, 2001 12:09:19 PM new
I guess my concerns are more related to online e-mail intrusion or using user/password information to determine private matters of an individual, e.g., if someone were to hack into my Hotmail account or perhaps a credit card account, not to steal anything, but to get personal information or spending habits.
BTW, my office (70 employees) does have a "stealth" program, but it has been officially stated in company policy. Frankly, as a manager, I believe the company has the right to do so since they are monitoring time and activity, as well as providing the equipment/connection. Paradoxially, I would feel like a voyeur going in to read my employee's e-mail or personal material--so I don't. In fact, to the best of my knowledge, the company doesn't even use it, it's just there as a "scarecrow". I realize that it can get quite sticky beyond that due to invasion of privacy.
posted on November 7, 2001 01:00:36 PM new
If it is the company's equipment, it is not actionable as an invaision of privacy by the company to view, modify, delete, any material or otherwise use the equipment or the information on it. There have been many firings of employees over content on company email, even if it is a private email account accessed on a company computer, as well as content stored on the company's PC by the employee, and internet surfing habits on company computers. They have the rights and control over all their equipment used by employees. The general rule is you have no right to privacy at work.
Unauthorized use of your email account may not qualify as a trespass against you, but may be a trespass against the account provider.
Hacking into a system may be an invaision of privacy if they get private information about you.
