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Can employers spy on employee e-mails? |
The Carr Government recently announced that it will introduce legislation to protect employees' private e-mails from the prying eyes of employers. |
According to Attorney-General Bob Debus the legislation to be introduced later this year will prohibit unlawful surveillance employees' private correspondence. |
Employers may conduct "legitimate surveillance", of such as that necessary to protect their intellectual and commercial copyright. However, employers would be required to conduct such surveillance "ethically and sensibly". Unless employers have a Court order, they are required to give employees notice that surveillance will be conducted. |
Previous research by the Industrial Relations Commission indicated that up to 75% of Australian companies monitor employees e-mails, typically without their knowledge. |
The NSW Labor Council has been campaigning for employee e-mail privacy since 2001. Conversely, employers have argued that the employee is utilising employer equipment during working hours; therefore, employers should have the right to put their employees under surveillance. |
Under the new laws, employers will have to show reasonable suspicion of wrong doing by the employee in order to look at his or her private correspondence. |
Prior to any legislation being enacted, employers can follow some basic guidelines to develop or improve their existing privacy policies. |
1. A written policy should explicitly detail what activities are permitted and what activities are forbidden.
Certain activities should be specifically prohibited. For example, utilising e-mail to harass, abuse, disclose confidential information, or to transmit pornography may be listed as absolutely prohibited. Additional guidelines could be used to outline what personal use of e-mail both within and outside the organisation is appropriate.
2. The policy should be distributed to staff and management in written form. The employer should follow up by whatever means necessary to ensure that the policy is understood and discussed amongst the employees.
3. Employees should be made aware as to how e-mail messages are stored and retained, even if deleted by the employee. Back ups and archives often contain copies of e-mails that have been received or sent by employees. The employer should explain who in the organisation has right to access the information and content of employee e-mail. The business must outline how it intends to monitor or audit employee compliance with the rules set forth in the policy.
4. The policy should be reviewed regularly to maintain an up to date security policy, particularly with the impending legislation.
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Peter McNamara |
peter.mcnamara@cml.com.au
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