In Brief

Monitoring by Law

Electronic Communications Privacy Act, National Labor Relations Act, and more...

By Daintry Duffy

February 01, 2003 — CSO — Electronic Communications Privacy Act Prohibits the intentional interception of electronic communications. However, there are a number of exceptions that permit monitoring to occur. An organization may intercept communications when there is implied consent by the user. A company is also permitted to monitor its networks for business reasons and is authorized to monitor its employees if the company believes their activities are putting it at risk (for example, computer crime, system failure and unauthorized personal use).

National Labor Relations Act (NLRA) May place some restrictions on monitoring union employees. Because the National Labor Relations Board has classified a company's computer network as a "work area," any laws prohibiting nonbusiness use of e-mail could be considered unlawful under the NLRA. Organizations could also be in violation of the NLRA if their monitoring selectively punishes labor-organizing activities.

The USA Patriot Act Grants the executive branch expanded surveillance powers, including the ability to track e-mail and Internet usage, conduct sneak-and-peek searches, obtain sensitive personal records, monitor financial transactions, and conduct nationwide roving wiretaps.

For information on monitoring laws in your state, visit the Electronic Privacy Information Center at www.epic.org/privacy/consumer/states.html.