Legal Question in Administrative Law in Virginia

e-mail, internet viewing privacy while on the job

Does an employer have the right to check the web sites you have viewed, read your e-mails,check your criminal or driving record without written permission or verbal consent?


Asked on 11/09/04, 11:09 am

1 Answer from Attorneys

Jonathon Moseley Jonathon A. Moseley

Re: e-mail, internet viewing privacy while on the job

If you are using the computer at work, your boss does have the right to check what websites you are visiting, read your e-mails, as well as what you have stored on the computer, etc., etc. Basically, you have NO privacy at work with regard to the office's computer, including e-mail... or even the telephone! Wait until you go home if there is anything private. And be sure to delete anything on your office computer that you shouldn't have stored there.

The reason for this is that the office computer belongs to the office. It is not your computer. That's the reason why.

However, the other questions are entirely different. Whether the DMV will give out a driver's record is controlled by statute and regulation. You have to have a valid reason for the DMV to give out this information. For example, if you are working as a commercial truck-driver or bus driver the DMV would have a good reason to release this information. But not just out of your boss' curiosity.

A criminal record is tricky. If there is a genuine conviction, this is a public record. So, anyone can check it. However, there are lots of services on the internet that are not necessarily reliable.

However, if you are being asked to give your consent to have these things checked, you may want to consider looking for another job... unless it is a part of the job. For example, a bus driver or a day care worker working with children might be valid reasons to check this information.

Read more
Answered on 11/09/04, 9:52 pm


Related Questions & Answers

More Administrative Law questions and answers in Virginia