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Worktime client virus6/12/2023 ![]() Employers may monitor their employees’ communication if they obtain the consent of the employee. Pen registers and trap or trace devices do not record the substance of the communication, but they do record identifying information, such as the number dialed or from where a telephone call originated.Īt first glance, it appears as if the ECPA would prevent some forms of employer monitoring, but the ECPA has some notable exceptions and caveats as they apply to the employment context.įirst, there is the business use exception, which allows employers to monitor the oral and electronic communication of employees as long as the employer has a legitimate business reason for doing so. Title III of the ECPA covers pen registers and trap/trace devices. As the name implies, it exists to maintain the privacy of stored electronic information. Title II of the ECPA is more commonly referred to as the Stored Communications Act (SCA). It makes it illegal to intentionally intercept, use, disclose or otherwise obtain any wire, oral or electronic communication. Title I of the ECPA is also known as the Wiretap Act. The main federal law that potentially covers employment monitoring is the Electronic Communications Privacy Act of 1986 (ECPA). A good example is a company’s BOYD (bring-your-own-device) policy which will often allow employers a certain level of access to what an employee does on their personal device.Įmployee Monitoring Pursuant to Federal Law If you’re on your own device and using your own Internet connection, it’s less likely to be legal if your employer monitors you, although it still is often perfectly legal.Īlso, it’s probably going to be legal if your employer has your permission or otherwise gives you notice of the monitoring. That’s some pretty invasive stuff so it’s sometimes hard to believe that it’s mostly legal.Īs a general rule, when using your employer’s equipment while on your employer’s network, your employer will have the right to monitor what you do.
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