Although the right to privacy is an old and well-accepted principle, new technology is making it a hot new topic and the emerging legal and ethical question of the 90's. However, the California Constitution, and the Constitutions and statutes of other states, may restrict this right. In addition, employers do not have the same right to access e-mail that goes outside the company's system, for example on Internet or MCI Mail. Under the Constitution, employees do not have an absolute right to privacy. Whether or not they do depends on balancing the rights of the employees and the employer.
Many organizations have policies that prohibit employees from accessing other's e-mail accounts.
These policies may give employees the expectation that their files are protected even from legitimate searches by the company. Employees also have passwords, which they are told prevent others from accessing their files. This, too, may lead a technically unsophisticated employee to have a high expectation of privacy. An employer can change the employee's reasonable expectation by having a clear written policy notifying employees that it reserves the right to search e-mail and voice mail. This will counteract an unrealistic expectation of privacy on the part of employees.