Des Jardins says it was not until the 1965 Supreme Court case, Griswold v. Connecticut , that the Supreme Court recognized any constitutional basis for privacy, using the right to be let alone definition of privacy. Des Jardins argues that this definition is inadequate for ensuring privacy in employment. The court's ruling came despite the company policy that e-mail communications were confidential and would not be used by the company as grounds for termination or discharge. Part of the ruling stated that the employee does not have a reasonable expectation of privacy in using a company provided e-mail system. Although the company may have been within its legal rights, their actions are questionable on ethical grounds.
Ethics deals with moral judgments involving moral decisions.
People base moral decisions on moral standards, that is, on what they judge to be right and wrong. Certain moral standards are general principles which we use to judge institutional and individual behavior. Policies may be evaluated with regard to how they protect individuals' rights. In evaluating moral decisions regarding e-mail policies and practices, the right to privacy is frequently considered in making evaluative judgments. The right to be left alone is the legal principle which has been applied in court cases involving e-mail policies.