When it comes to what you do on your work computer, Rockwell had it right 20 years ago when he sang, “I always feel like somebody’s watching me.”  Go ahead and hum a few bars of that 80s classic next time you log in to your work computer.  It will provide a pause before you use your work computer for online Christmas shopping or for catching the latest gossip on The Hunger Games.  Let that pause be a reminder that most activity you do on your office computer is reviewable by eyes at your company.  (The company does own the computer you’re using and the server you’re accessing, after all.)  And this idea doesn’t stop at web browsing—it extends to the messages you send from your work-based email account, and, depending on your company’s electronic communications policy, it can also extend to your personal email account or your personal laptop.

“What?” you say.  “My personal email account?  That one I password protected and everything?”  The very same.  Now before you lose too much sleep over this, let’s clarify: no, your employer should not be hacking into your personal email account to read your personal email messages.  But if you were to access your personal email account on company time, using a company computer connected to a company-owned server, well, your expectations of privacy probably just went up in flames.  For starters, your account information can be stored in backups and can be observed by monitoring software, so there goes the first illusion of privacy.  As for any other illusion you might have had, the court system has set precedent that doesn’t bode well for the employee, especially if the company has a strict electronic communications policy in place.

Take the 2011 California case of Holmes v. Petrovich Development Company LLC, in which an employee sued her employer for discrimination and retaliation.  As part of its defense, the employer called upon email messages the employee sent to her attorney from her work computer, via her personal, password-protected email account.  The court found these messages were admissible as they were not protected by right of privacy or attorney-client privilege.  Why not?  Because the employee handbook contained a thorough electronic communications policy that stated: (1) company computers are to be used only for company business; (2) employees are prohibited from accessing personal email on company computers; (3) the company will monitor its computers for compliance with the policy and thus might “inspect all files and messages . . . at any time”; and (4) employees using company computers to create or maintain personal information or messages “have no right of privacy with respect to that information or message.”  At the time the employee accepted this clear-as-day policy, she gave implied consent for her email to be reviewed, and ultimately destroyed her argument for privileged communications.

Another 2011 court case took the idea of computer privacy even further.  The Georgia case of Sitton v. Print Direction, Inc . determined that the employer did not violate right to privacy when it accessed an employee’s personal laptop (kept at work) to print the employee’s personal email messages.  As it happened, the boss had walked into the employee’s office and saw a non-work-related email open on the employee’s personal laptop.  On closer examination of the message, the boss saw that the employee had been using his personal laptop to operate another business on company time.  The court found that printing the email messages was justified, as the employer had a legitimate interest in investigating whether the employee was engaging in other business on company time.  In this case, the employee lost out not only on privacy, but on money—he was ordered to pay damages for breach of loyalty.

The moral of the story for employees: Employers have lots of legal leeway when it comes to reviewing employee computer activity.  Remember to act like somebody is always watching you (because someone might be).  Don’t do anything on your work computer that you wouldn’t do if your boss were literally looking over your shoulder.

The moral of the story for employers: Protect your company with a strong electronic communications policy built into your employee handbook.

If your company’s electronic communications policy is still on dial-up, the HR consultants at YES! Your Human Resources Solution can help.  We’ll work with you to devise an electronic communication policy that fits your company’s culture and business goals.  We’re also happy to answer any questions you might have about computer use or any other HR-related matter.  Put our 20 years of experience to work for you!  Contact us for a free consultation to see how we can help your unique business thrive into the future.