PLEASE VISIT OUR SPONSORS

Talent Management Perspectives

Published January 2007

Beware of Big Brother: Keeping Your Personal E-Mail Private

 

  Tegan Jones

Modern society is addicted to e-mail. From home, at work and on BlackBerries, people respond to both social and work-related messages at any hour of the day or night. This infatuation with the Internet allows people to stay in constant contact with co-workers, clients, families and friends, but blurring the line between professional and private communications can give companies a cause for concern.

While most people know they shouldn't use their personal e-mail at work, the temptation is too great for most to ignore. Others go so far as to forward their work e-mail to their personal accounts to bypass the time-consuming security measures involved with remotely accessing their company accounts.

These practices might seem harmless, but businesses tend to disagree. Those in charge with network security say sending company e-mail to a third-party account could expose corporate secrets to hackers and spies. They also worry that using e-mail systems such as Yahoo or Gmail to check personal messages at work can expose company computers to viruses and worms.

The legal issues involved with using private e-mail accounts for company business are also complex. If someone uses a personal account to discuss a business deal and then the records of that deal are subpoenaed, the company won't be able to pull those messages from their archives. Similarly, if someone inappropriately discusses company business through a private e-mail account at work, those communications can be used in court, hurting the individual employee, as well as their employer.

To address these dangers, many companies have begun to more closely monitor their employees' Internet usage. According to a 2005 study by the American Management Association, nearly 75 percent of companies monitor their employees' Web site connections. Fifty-five percent retain and review e-mail messages, and 36 percent track the content and keystrokes from worker terminals.

Although this type of worker surveillance has become more common, employees seem to be oblivious. A recent study by employee training firm WeComply showed that 39 percent of U.S. employees have no clue personal activities such as checking e-mail and using instant messenger (IM) programs can be monitored by their employers.

These findings are particularly relevant as of Dec. 1, when changes to the Federal Rules of Civil Procedure made it much more likely that companies will be asked to turn over electronically stored information such as e-mails, IM conversations and Web searches during the pre-trial discover process.

"People think, 'I'm not using the company's e-mail system, therefore I can go on Yahoo, and nobody knows what I'm doing,'" said Jeff Apton, WeComply director of communications. "They aren't aware those activities may wind up being monitored and ultimately end up being admissible in court."

Although companies are required to make workers aware of their Internet policies, including the way they monitor use, many employees are still in the dark. Apton said proper training is important to ensure workers know their company's usage policy and understand the laws with which they must comply.

"It's really a two-prong thing," he said. "Not only do you have to know that what you do is on record, but you have to also know what you're doing. You have to know what type of information that you're sending out can get you or your company in trouble."