There is No Expectation of Privacy on Workplace E-mails or Instant Messages

November 14, 2011 at 12:43 pm | Latest News | No comment | By Chris Cramer

A common misconception by employees is that there is an expectation of some level of privacy in e-mail or instant message communications on workplace systems.  The truth is exactly the opposite.  As a general matter, employees have no expectation of privacy in e-mails or instant messages sent through workplace systems.  Most employers have policies expressly stating that all communications composed on workplace systems are the property of the employer.  Recently, in recognition of the common misconception, the American Bar Association (“ABA”) issued a formal ethics opinion stating that lawyers have a duty to warn their client, who may be employees using their workplace systems to communicate with their lawyer, that such e-mails may not be confidential.  The ABA ethics opinion can be found here:

 http://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/aba_formal_opinion_11_459.authcheckdam.pdf

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