Privacy Laws
Simply stated, courts in the United States tend to favor the employer in workplace-surveillance cases. For that reason, employees should always use good judgment when logging onto the Internet and sending e-mails. Choose your words carefully; you never know who might read your correspondence.
Under the Electronic Communications Privacy Act (ECPA), electronic communications are divided into two groups:
- Stored communication
- Communication in transit
Under the law, electronic communication in transit has almost the same level of protection as voice communication, meaning that intercepting it is prohibited. Accessing stored electronic communication, such as e-mail sitting on a server waiting to be sent, is not illegal. The courts have ruled that since the e-mail is not physically traveling anywhere -- is not "in transit" -- it does not have the same level of protection.
Privacy law is the area of law concerning the protecting and preserving of privacy rights of individuals. While there is no universally accepted privacy law among all countries, some organizations promote certain concepts be enforced by individual countries. For example, the Universal Declaration of Human Rights, article 12, states:
- No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.
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