PERSONAL USE OF WORKPLACE COMPUTERS: A THREAT TO OTHERWISE PRIVILEGED COMMUNICATIONS

摘要

The 21st century has seen the proliferation of electronic communications in business and private life. Employees are routinely issued company-owned computers, the use of which typically is governed by a company policy addressing legitimate business concerns. Employees' expectations of privacy with respect to electronic transmissions and files associated with this equipment vary. Usually, this will be dependant on the nuances of company policy, the company's monitoring practices relating to use, third parties' rights of access to material, and an employee's awareness of these matters.rnMost companies allow employees to use company equipment for personal use. Along with this, however, many company policies claim ownership of workplace communications, provide for access and review of transmissions, and alert employees that their electronic exchanges are not to be considered private. Therefore, when an employee uses a monitored employer email account on an employer-issued computer with knowledge of such a policy, any expectation of privacy should be diminished. Arguably, there would be neither a subjective nor an objective privacy expectation with these transmissions.