is my employer alowed to access my emails and private personal web space?

Question

firstly some background. i am in the process of taking my employer to a tribunal for unfair treatment.

recently my employer has read all the personal emails i have sent from my work email account and then used the information in one of them to gain access to my personal and private web space.

i was using this web space (which i had purposly prevented search engines from accessing), to hold private letters / documents, so i could access them remotely.

i gave access to one of the letters to a fellow employee who needed to read one, by way of a link to the specific file in an email.

my employer used this emailed link to read the letter, which contained a comment about my employer. and now, unbelievably, they say they are taking me to court for defamation! because i sent the link to a peer, they say that that amounts to publication?

are they really alowed to read my email, my snail mail, access my private web space, and then sue me for something i wrote in free speech?

Answer 1

This sort of issue is the reason we have complicated legal cases; it's not really clear what the (naturally ethical) position would be.

Any employer would argue that the working space and facilities they provide to employees, must remain under the employer's control. That would include any information that the employees choose to process via the employer's equipment.

Any employee remains a private citizen, and would argue that their own personal time and communications must remain private. This would include personal time necessarily used within the 'defined' working hours, and presumably compensated by informally working 'out of hours' on occasion.

There will be legal definitions of 'publication' both set out in legislation (statutes), and established by previous rulings of the tribunals. Your legal representative (or you, if you 'litigate in person') will be involved in a negotiation process to establish what the relevant caselaw and statute precisely mean for your circumstances.

Each side will produce laws, or cases, or both, that seem to show that their own interpretation of the rights and wrongs in the case, is the appropriate one.

For example, your team might think that ONE PERSON cannot be 'the public', and therefore cannot be 'published' to. If the communication was in any way labelled as confidential, this might (like Prince Charles' Diaries) be relevant, too.

The opposition might claim that anybody outside the company IS a member of 'THE public'; if that person is involved in work that might be affected by negative news, rumour, etc about the employer's company, then this might be relevant to the potential EFFECT of defamatory comments.

Whichever side can make the most convincing argument, in terms of the statutes and the relevant cases (or can show that their cases are more relevant to the circumstances), will win.

However, a great deal of the process is 'horsetrading'. If one side can see that the other side has a strong case (recent statutes, relevant cases), they will be keen to avoid going into the tribunal and being found to be wrong. An employer might claim rights that they don't have, in the belief that you won't or can't challenge them. It has happened before (and worked).

Your legal team will be keen to show the employer that they have a strong case in your favour, BUT they will also be careful not to put all the cards on the table too soon. This is a delicate balance, so you should aim to be represented by experienced lawyers if you can possibly manage this.

Most trade unions can arrange to support a member's tribunal case.

Answer 2

It will almost certainly be written into your contract that any emails sent to and from you via your work's computer your employer will have the right to view the content.

If I read this right.
Your employer has found personal codes and/or passwords on work's computers unrelated to your job and has accessed your personal information. I would say he/she is on extremely thin ice.
It's akin to you having permission to open your office/factory and having the office keys on your house key ring (which you should never do).
Your employer then finding your keys at work and using those keys to enter your house claiming you had urgently needed 'work related files' at home and you could not be found.
You should never have any personal information on any office computer.

Added to.

Your employer will claim they were merely checking you had not accessed or used their computers inappropriately.

If you have set up these accounts via your office computer's
Unfortunately they probably will have the right.
Your employer will be held responsible for any misuse of their computers.

Answer 3

Read your contract concerning computer usage. Go to HR or IT systems at your work and ask for a copy.
You will have signed something like this when you started or you may have clicked on something whilst accessing files.
Every company is different and what is stated in your work's contract is what will apply in your case. You may have some scope for invasion of privacy but I'm thinking very little.

Answer 4

You do not have a right to privacy in an employer provided email account. They do have the right to monitor it and review all emails on it. Accordingly, the information concerning your private web space became fair game. Additionally, your employer is allowed to monitor usage of any computer equipment provided by them, including monitoring sites visited and key strokes.

In other words, if you want it to be truly private, don't put it on an employer's system.

Answer 5

hmm tough one,
No doubt you signed a electronic argeement with your employer when you started.
Most companies state that internet usage is monitored.

If you have sent emails from your works address or via the works server your employer can review all emails, internet pages you have visited during your employment.

If you have said negative comments about your employer and said it to another (internal or external). its can be used against you.

Saddly you company will have looked into all known legal loopholes etc.

You need professional advice.

Answer 6

The computer belongs to your employer and he has a right to access anything he chooses...If you want privacy,don't use work time for personal emails etc.Do it at home...

Answer 7

Country is very important here
In the US anything you do on a work computer is property of the employer. It cant be used if its protected by law (HR stuff and all)

Answer 8

First, because a similar question was asked a few hours ago and the person posing it ended up living in Australia, where do you live?

EDITED TO ADD:

To anyone wondering why I asked the question I did, would you think about it for a minute? And it might interest you to read the following:
WORKPLACE PRIVACY ACT
http://www.austlii.edu.au/au/legis/nsw/consol_act/wsa2005245/

AND
PRIVACY ACT 1988
http://www.austlii.edu.au/au/legis/cth/consol_act/pa1988108/

Answer 9

Company provided e-mail account is part and parcel of the company properties.

That e-mail account is for you to conduct businesses on behalf of the company.

Therefore, any communications that you conduct at the workplace are fair game for employer to review.

Answer 10

Ask for a copy of their IT policy, specifically the bit covering use of work equipment for personal emails. If they don't have one, or have never actively made you aware of one that does exist, you can possibly claim you didn't know you were committing an "offence." It is likely that if one exists it permits them to monitor any activity on your pc regardless of whether it's business-related.