Sample Electronic Communications Policy
How can employers avoid privacy-related issues in connection with monitoring employee communication?
The answer is to have a clear written policy in place informing employees that monitoring will take place. Privacy, however, is not the only issue that employers need to consider. Federal labor laws may be violated if an employer's policy prohibits activities that are protected under those laws. In addition, some experts have suggested that a policy of monitoring communications imposes a duty on employers to protect the public if they find their communications systems are being used in a harmful way.
The following sample policy illustrates the types of provisions that organizations might use in an electronic communications policy. Employers should custom-design their own policy, taking into account the variety of issues that apply to their workplaces. For example, a company may want to include provisions specifically addressing trade secret and confidentiality issues. If employees telecommute, a separate policy dealing with off-site communications and equipment may be necessary. If an employer has a collective bargaining agreement with a union, the policy must be in line with that agreement. And if an employer is doing business in a state where all parties must consent to telephone monitoring, the policy must be written with that limitation in mind. Employers should have their electronic communications policies reviewed by an attorney before use.
Sample Electronic Communications Policy
The Company is concerned with protecting its confidential and proprietary information and avoiding misuse of its electronic information systems. In light of these concerns, the Company has adopted the following policy on electronic communications. All employees are expected to comply with this policy and to indicate their agreement to comply by signing below.
1. The Company maintains computers (including software, hardware, laptops, and network systems), Internet and e-mail systems, and telephone, facsimile, and voice mail systems for business purposes, and their use should be limited to business purposes, except as expressly allowed below. All such systems and equipment are the property of the Company. For purposes of this Policy, such systems and equipment are collectively referred to as "electronic information systems."
2. The Company reserves the right to access, monitor, and disclose communications and information stored in, transmitted from, or received by any part of its electronic information systems, at the Company's discretion and without notice. The Company intends to access, monitor, and disclose such communications and information only for business purposes, such as protecting proprietary or confidential information, evaluating productivity, preventing misuse of the systems, investigating illegal or unethical conduct, correcting system problems, and assuring compliance with this Policy. However, the contents of all communications and all information on the systems, including e-mail and voice mail messages, are subject to review and use by authorized Company representatives and by third parties (including law enforcement officials) as the Company, in its discretion, deems necessary or appropriate.
3. Employees should not expect privacy in using the Company's electronic information systems. This applies to all aspects of the Company's electronic information systems, including (but not limited to) stored e-mail and voice mail messages and all data and work products created or stored on company computers. All passwords and access codes are the Company's property and must be known to the Company before use. Employees' use of passwords and access codes does not confer or imply privacy rights. Employees should be aware that even deleted messages can be retrieved.
4. Misuse of the Company's electronic information systems is prohibited and may, in the Company's discretion; result in disciplinary action, up to and including termination. Misuse includes, but is not limited to, the following kinds of conduct:
- Using the Company's electronic information systems for:
- illegal purposes
- soliciting others for commercial, political, religious, or other purposes not related to work
- job hunting
- personal use (other than occasional, brief, and appropriate use approved by a supervisor)
- downloading, displaying, transmitting, printing, or storing any offensive, obscene, or threatening material
- making, sending, or forwarding discriminatory, harassing, fraudulent, defamatory, threatening or otherwise improper communications intended as humor
- participating in online chat rooms, playing games, instant messaging (unless work-related), keeping personal journals ("blogging"), sending non-work-related mass mailings, sending chain letters, intentionally introducing viruses or damaging files, or otherwise making wasteful or disruptive use of the Company's electronic information systems
- loading unauthorized or unlicensed software onto the Company's electronic information systems
- distributing, downloading, or printing copyrighted materials in violation of copyright laws
- any use that is contrary to the Company's legal and business interests
- Sharing or failing to safeguard passwords and access codes, and using or copying unauthorized passwords, access codes, encryption keys, or software
- Using passwords or access codes assigned to others, accessing, altering, or copying other employees' electronic files without permission, and breaching or trying to breach computer or network security systems
- Allowing the Company's electronic information systems to be used by individuals who are not employees or business associates of the Company
- Using the Company's electronic information systems to disclose or communicate trade secrets or other proprietary, confidential, or sensitive information, except as expressly authorized and appropriately safeguarded
Employees who become aware of other employees' misuse of the company's electronic information systems or who receive offensive, obscene, threatening or otherwise improper communications through the systems are expected to report the incident immediately to their supervisor. Employees also should consult a supervisor if they are unsure whether a particular use of the Company's electronic information systems is allowed under this Policy. Retaliation against an employee for reporting violations of this policy is prohibited.
Employee Acknowledgement and Consent
I acknowledge that I have received, read, and understood the Company's Electronic Communications Policy. By signing below, I consent to the Company accessing, monitoring, using, and disclosing any communication or information on its electronic information systems, and I waive any privacy rights in such communications or information. I understand that failure to agree to and comply with this Policy may result in discipline, up to and including termination.
Employee's Signature: __________________
Date: _________________________
Source: Policy courtesy of Employer's Guide to Workplace Privacy --3rd Edition, Amy L. Greenspan (Aspen Publishers, Wolters Kluwer Law and Business, 2004).
Reprinted with permission. © CCH
Sample Electronic Communications Policy. How can employers avoid privacy-related issues in connection with monitoring employee communication?