Question: We are concerned that some of our employees may be using the Internet to visit non-work-related Web sites on company time. We would like to track Internet and e-mail use in order to determine whether these suspicions can be substantiated. Are there any legal issues we should be aware of with respect to privacy?
Answer: Generally, it is legally permissible for employers to monitor employees’ e-mail and Internet use since the computers on which the employee is accessing the Internet or sending and receiving e-mail are company property. The basis for this view is that an employee has no expectation of privacy with respect to any communications using company property.
In fact, Internet and e-mail usage policies are now common and employers without them should seriously consider implementing one. Such policies inform employees of the types of Internet and e-mail use which is prohibited and also advises them that the company reserves the right to monitor e-mail and Internet usage and employees should have no expectation of privacy with respect to computer use.
Internet policies have become increasingly important for employers due to the proliferation of employees accessing pornographic material on the Internet while at work. Employers have a legal duty to protect their employees from workplace sexual harassment, an obligation which by extension may be seen to include preventing employee exposure to pornography on the Internet.
Peter Israel is counsel to Goodman and Carr LLP in Toronto and is head of the firm’s Human Resource Management Group. Peter can be reached at [email protected] or (416) 595-2323.
Answer: Generally, it is legally permissible for employers to monitor employees’ e-mail and Internet use since the computers on which the employee is accessing the Internet or sending and receiving e-mail are company property. The basis for this view is that an employee has no expectation of privacy with respect to any communications using company property.
In fact, Internet and e-mail usage policies are now common and employers without them should seriously consider implementing one. Such policies inform employees of the types of Internet and e-mail use which is prohibited and also advises them that the company reserves the right to monitor e-mail and Internet usage and employees should have no expectation of privacy with respect to computer use.
Internet policies have become increasingly important for employers due to the proliferation of employees accessing pornographic material on the Internet while at work. Employers have a legal duty to protect their employees from workplace sexual harassment, an obligation which by extension may be seen to include preventing employee exposure to pornography on the Internet.
Peter Israel is counsel to Goodman and Carr LLP in Toronto and is head of the firm’s Human Resource Management Group. Peter can be reached at [email protected] or (416) 595-2323.
