About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

20 Advoc. Q. 221 (1998)
Can an Employer Search the Contents of Its Employees' E-mail

handle is hein.journals/aqrty20 and id is 253 raw text is: CAN AN EMPLOYER SEARCH THE CONTENTS OF ITS EMPLOYEES' E-MAIL? Holly L. Rasky* Whether an employer has the right to read its employees' e-mail may arise in several contexts: wide spread e-mail abuse, harassment and discrimination of employees, possible illegal activities (such as dissemination of pornography), to name just a few. The question raises two important issues: (1) Who owns the e-mail? and (2) Is there a reasonable expectation of privacy on the part of an employee using his employer's e-mail system? No doubt, there are individuals who will argue that, while the e- mail system (including the hardware, computer and telephone lines) belongs to the employer, there is an implied expectation of privacy when using the system, and therefore the employer does not have the right to read an employee's e-mail. As will be discussed below, the law supports the proposition that e-mail is the property of the employer. E-mail, once sent and received, forms an electronic file, which is also the property of the employer. It is a document which a court may order produced by the employer, and forms part of an employer's business records. It is not the property of an employee. Absent an agreement to the contrary (such as a policy or term of a contract), the law supports an employer's right to read its employ- ees' e-mail. This right stems from the employer's right to control its workplace. The law also supports the proposition that an employer's right to read its employee's e-mail is no different than an employer's right to read files kept in a filing cabinet. Unfortunately the issue has not been squarely addressed by the Canadian judicial system, nor by statute. This creates some uncer- tainty for both employers and employees. For this reason, employ- ers should establish workplace e-mail policies which, at a minimum, * The author is an associate lawyer with Genest Murray DesBrisay Lamek, Toronto, where she practices labour and employment law (management).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most