At home, most of us would be outraged if we thought someone was listening to our conversations or looking at our computers. But what happens when we go to work?

Generally speaking, an employer obtains the right to monitor internet usage, e-mails, and phone calls in the workplace without the consent of the employee. In 1986 Congress passed the Electronic Communications Privacy Act (ECPA). The act states that one is liable if they “intentionally intercept, use or disclose any wire, oral or electronic communications.” However, there are many exceptions to the ECPA such as the consent exception, business use, and provider exception that leave the issue of employee privacy open to broad interpretation. There are certain circumstances where employees may have rights.

For example, if an employer is monitoring phone calls and realizes the call is personal, they must stop monitoring the call immediately. However, if the employer has told employees not to make personal calls on business phones, then the employee takes the risk that those phones may be monitored. Also, union contracts may limit an employer’s ability to monitor e-mails or phone calls. There also may be additional rights in the state of California.

The fact is, three out of four companies monitor employee activities in one form or another. 63% of those companies track internet use, 47% review e-mails, 15% use video surveillance, 12% monitor phone calls, and 8% review voicemail messages. Employees need to be aware that they can be monitored if they are using company property such as computers and phones. Over the last couple of years, social networks have become increasingly popular and a growing concern for employers. The concern that employers are losing productivity has caused an increase in electronic monitoring.

Because workplace privacy laws are few and weak, employers can monitor employees, and there is virtually little to no protection. So with that, a good general rule is to assume someone is watching and don’t take any chances! Take personal calls on a cell phone and use your personal computer for personal use.

References:

http://www.workplacefairness.org/sc/privacy.php

http://www.privacyrights.org/fs/fs7-work.htm

http://jobsearchtech.about.com/od/laborlaws/a/work_privacy.htm

http://www.llrx.com/congress/090400.htm