Prior Publisher

The Association of Digital Forensics, Security and Law (ADFSL)


When considering the legal implications of monitoring and surveillance in the workplace, the question may be asked why companies deploy computer surveillance and monitoring in the first place. Several reasons may be put forward to justify why more than 80% of all major American firms monitor employee e-mails and Internet usage. However, what most companies forget is the fact that the absence or presence of monitoring and surveillance activities in a company holds serious legal consequences for companies. From the discussion in this paper it will become apparent that there is a vast difference in how most countries approach this subject matter. On the one hand America does not afford any employee a reasonable expectation of privacy when it comes to the use of corporate computer resources and systems, while in contrast to this position the United Kingdom goes out of its way to protect each employee’s reasonable expectation of privacy. This paper will not only investigate the different approaches followed by some of the world-leader, but will also investigate the legal consequences embedded in each approach. This paper will ultimately enable the reader to judge for himself/herself which approach his/her country should follow while being fully informed of the legal consequences attached to the chosen approach.



Blackman and Franklin (Aug 1993) “Blocking big brother: proposed law limits employer’s right to snoop” NYLJ 5

Ciocchetti (2001) “Monitoring employee e-mail efficiency workplace vs employee privacy” Duke Law & Technology 0026 6

Greenberg “Comment, e-mail and voice mail: employee privacy and the federal Wiretap statute” American University Law Review 22 219, 247- 48

Harnden “Office e-mail: no reasonable expectation of privacy” FOCUS: Employment Law No 3 7

Newton “Proposed NSW workplace surveillance bill extends employees’ protection from surveillance in the workplace” (2004) Workplace and Employee Relations Law Update

Sneddon and Troiana “New tort of invasion of privacy and the Internet” (2003) Internet Law Bulletin 6(6) 1

Wilborn, S.E. (1998) “Revising the public/private distinction: employee monitoring in the workplace” Ga L Rev 32 825

Chemirinsky, E. (2003) “Privacy and the Alaska Constitution: failing to fulfill the promise” Alaska Law Review 20 29


American Management Association (2004) “More companies watching employees, American Management Association survey reports” http://www.amanet.org/press/amanews/ems2001.htm (5 May 2004)

Chen, H. (2004) “Internet use survey 2000 – Trends and surprises in workplace web use” http://vualt.com/nr/main_article_detail.jsp?article_id=19331 (4 June 2004)

Federal Privacy Commissioner (2004) “Annual report 2000-2001” http://www.privcom.gc.ca/information/ar/02_04_09_e.asp (4 January 2004)

Geist, M. (2005) “Computer and e-mail workplace surveillance in Canada: the shift from reasonable expectation of privacy to reasonable surveillance” http://www.michaelgeist.ca/content/94/163 (5 May 2005)

Hawkins (2004) “Who’s watching now? Hassled by lawsuits, firms probe worker’s privacy” http://www.usnews.com/usnews/nycu/tech/articles/970915/15priv.htm (5 May 2004)

Houston, E. (2004) “E-mail privacy at work, monster in human resources” http://hr.monster.ie/articles/email_privacy/print (4 December 2004)

Sinrod, E.J. (2003) “Electronic surveillance in the workplace” http://wwwusatoday.com/life/cyber/ccarch/2001/10/18/sinrod.htm (5 May 2003)

Thompsons Solicitors (2006) “Employee surveillance” http://www.thompsons.law.co.uk/ltext/11240005.html (17 August 2006)

Unknown (2003) “Dow Chemicals fires 50 over e-mail abuse” http://www.usatoday.com/life/cyber/tech/cti298.htm (3 January 2003)

Unknown (2004) “Welcome in ingenuity” http://www.ingenuity.co.uk (5 December 2004)

Withers, S. (2005) “Cyberbludging special: Acceptable usage” http://www.znet.com.au/news/business (9 May 2005)



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