An employee's right to privacy in the workplace is an increasingly controversial legal topic, especially in an age of increased reliance on computers and electronic mail to do business. Technology has enabled employers to monitor virtually all workplace communications made by employees using computers -- including use of the Internet and company e-mail. While employees may feel that this monitoring is a violation of their privacy rights, it is usually allowed under the law.  Other employee activities (such as private conversations) and certain physical spaces in the workplace (like locked desk drawers) receive more privacy protections, while specific activities like drug use may lead to testing for substance abuse. Below is a discussion of employees' privacy rights in the workplace.

Internet Usage and Email  

An employee's activities while using an employer's computer system are largely unprotected by personal privacy laws. Emails are considered to be company property if they are sent using the company's computer system. Employers generally have the right to monitor and view employee email, so long as they have a valid business purpose for doing so. Many employers now have email systems that copy all email messages as they pass through the system to check for productivity, illegal use, and other issues. Emails are frequently being used as evidence during trial to prove employee misconduct or wrongdoing.

In addition, employers have the right to track the websites visited by their employees, to block employees from visiting specific Internet sites, or to limit the amount of time an employee may spend on a specific website.

Phone Calls and Voicemail Messages

Employers use electronic surveillance practices, including monitoring employee phone conversations and voicemail messages, in order to keep tabs on their employees and their business operations.  Generally, employers can monitor telephone calls to and from their locations, but there are legal limits.