Legal security for employer monitoring of employee use of corporate email, internet resources, and computer technology in the United States of America

Abstract

The article covers issues of the protection of employees’ personal data, and problems of monitoring by employers of the use of corporate e-mails, business accounts, computers and other devices of the employer.
 The author rightly notes that now almost any software allows for computer monitoring and monitoring of the workplace even without the knowledge of employees, and the current legislation does not oblige employers to notify employees before implementing such monitoring software. However, in many states, such legislation exists and case law has been developed to protect the rights of employees in the event
 In the US, it is common practice for employers to monitor e-mail or Internet use without warning, threatening the basic rights of American workers. In the US, companies put forward many reasons for monitoring the use of corporate e-mail or the Internet, in particular: a) prevention of improper (non-intended) use of corporate e-mail, loss of efficiency of employees’ work on the Internet; b) network policy of the company; c) prevention of lawsuits about discrimination, harassment or other offenses on the Internet; d) prevention of unauthorized transfer of intellectual property and avoidance of illegal copies of copyrighted materials by employees; e) preservation of company documentation; e) prevention of illegal appropriation of personal information, potential spam or “virus programs”; g) protection of the company’s assets, including intellectual property and business plans
 The author also analyzes the problem of what steps the company takes to limit the use of corporate computers for personal use by employees.
 A growing number of American companies are monitoring their employees’ e-mail and Internet communications to reduce the risk of employee wrongdoing. Computer systems provided by an employer but misused by employees may lead to claims of discrimination or sexual harassment or to the distribution of offensive e-mail or Internet graphics, messages, defamation, copyright infringement, fraud, or even become the basis for lawsuits related to employee misconduct. In addition, e-mail jokes or crude screenplays can also expose an employer to a harassment claim.