Email surveillance may breach privacy

Employers face litigation from their staff for breach of privacy if they scan email messages without first telling staff that they are being monitored.

The public sector is particularly at risk, being at the forefront of email surveillance. Public authorities are concerned that pornographic images or abusive messages could leave them open to sexual or racial harassment claims by offended individuals, either inside or outside of the organisation.

Sara Ellacott, a partner at law company Nabarro Nathanson, warned that although UK law offers no explicit right to privacy, employers should protect themselves by making it clear to staff that they monitor email.

"You can remove the expectation of privacy by making it very clear in an email policy that the internet and email system is there as a business tool, and that the company is entitled to monitor the use of it," she said.

"We strongly recommend to all our clients that they inform staff of what they are doing, because prevention is better than cure," said Philip Ryan, head of information security at monitoring service provider Peapod.

Several recent unfair dismissal claims have involved cases of employees sacked for downloading pornography in the workplace.

Worryingly for employers, some of these claims were upheld because the company was found not to have a sufficiently clear policy on internet use.

The recent introduction of the Human Rights Act gives public sector employees an additional right to security. Although the private sector remains outside the Act's remit, Ellacott suggests that all organisations take note.

With companies reacting slowly to virus scares by writing internal policies on email use, they should ensure that clear guidelines on email and internet abuse are added to the list of dos and don'ts.