While the right of an employer to monitor e-mail and Internet usage of workplace computers for business reasons is very expansive, employees are afforded certain protections for telephone calls and voicemail by the Electronic Communications Privacy Act (ECPA).

Question

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The Electronic Communications Privacy Act (ECPA) of 1986 extends certain protections to employees, making it generally illegal for employers to intercept or monitor personal telephone calls and voicemail messages without consent, even when these communications occur using employer-provided equipment. However, the same level of protection does not apply to email and Internet usage, which employers can often monitor for legitimate business reasons.

While the Right of an Employer to Monitor E-Mail and Internet