Legal Question in Employment Law in Texas

Email Privacy

Is it legal for my employer to review my work email without my knowledge?


Asked on 3/18/03, 2:51 pm

2 Answers from Attorneys

Roger Evans Mathis & Donheiser

Re: Email Privacy

Yes. Your employer may also search any other company property, such as your desk or your files.

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Answered on 3/18/03, 3:08 pm

Re: Email Privacy

The benefits that come with email are plagued with a whole host of traps, pitfalls, and dangers for companies (virii, computer crime, computer terrorism, and various liability issues due to inappropriate statements). These dangers force a company to take preventive measures and in doing so often result in many forfeiting some privacy in exchange for enhanced security and peace of mind. This does not to say that you cannot challenge this benefit as a violation of your own right to privacy. Such challenges may be grounded within state privacy laws, Fourth Amendment protections, the Electronic Communications Privacy Act of 1986 or other applicable acts and statutes.

While almost every state will recognize a common law right of privacy, there are specific requirements that need to be met. I highly recommend that you should speak with a local attorney who deals with such issues so that he/she can advise you on the state specific requirements and discuss other avenues or remedies. However, before meeting with your attorney, find out if your employer has any sort of computer usage policy/end user policy. If so, bring a copy with you when you meet with your attorney.

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Answered on 3/18/03, 4:45 pm


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