title: What's that, you say? Employee expectations of privacy when using employer-provided technology--and how employers can defeat them.
abstract: Two 2010 court cases that determined the effectiveness of policies governing employees' use of employer-provided communication devices can be used to guide employers when constructing their own technology policies. In light of a policy that stated that "users should have no expectation of privacy or confidentiality," one case established that the employer was in the right. However, a separate case favored the employee due, in part, to an "unclear and ambiguous" policy. Ultimately, employers can restrict the use of employer-furnished technology by employees by: 1) clearly outlining that employees do not have a reasonable expectation of privacy in their use of company devices; 2) stating that any use of personal e-mail accounts using employer-provided technology will be subject to the policy; 3) detailing all technology used to monitor employees; 4) identifying company devices covered; 5) not exposing the content of employee communications; and 6) having employees sign and acknowledge the policy.
authors.affiliation: barry.herrin@smithmoorelaw.com
authors.forename: Barry S
authors.initials: BS
authors.lastname: Herrin
mesh_terms: D016494:Computer Security / Q000331:legislation & jurisprudence*; D034201:Computers, Handheld; D034742:Electronic Mail / Q000331:legislation & jurisprudence; D006801:Humans; D020407:Internet / Q000331:legislation & jurisprudence*; D016134:Organizational Policy; D010559:Personnel Management / Q000331:legislation & jurisprudence*; D011216:Practice Management, Medical / Q000331:legislation & jurisprudence*; D018907:Privacy / Q000331:legislation & jurisprudence*; D014481:United States