Internet and E-mail Use Policies. An employer may be held liable for an employee's Internet transmissions containing defamatory or harassing statements, infringing material or sexually explicit matter. In addition, an employer who reviews employee electronic transmissions may run the risk of violating an employee's reasonable expectations of privacy. Among other items, the policy should specifically prohibit use of the e-mail system to transmit any defamatory, threatening or obscene material. Ideally, of course, the employer should have the employees sign a form acknowledging the employer's right to access all e-mail messages, though that may not be workable in all situations.
Some employers even post brief notices that appear when the employee accesses the system.
Use of Personal Information a. At least one party to the communication gives prior permission. The information is necessarily related to the providing of the service or to protection of the rights or property of the provider of the electronic communications service.