[LINK] NSW targets employers' email snooping

[Adam Todd]

>I guess there are a few of out there that will be needing some legal
>opinions on this one and some re-defined acceptable practice
>conditions.  It looks like a minefield.

Personally it's simple.

The Email address is a company asset.  The Directors of a company are 
legally obliged to know every activity and transaction of the company, it's 
employees and assigns.

Hence, if the email is a company issue, then the company has to right to 
review and read email.

If a staff member uses the company postal address for postal mail, does the 
company not have a right to open the email as it is after all addressed to 
the company's address.

I get postal mail here for staff all the time.  We open ALL mail addressed 
to the company, that includes email.  After all it has the COMPANY's 
address in it.  Much of the postal and email sent to staff is either not 
relevant to their jobs, or not relevant to the company.

I wouldn't go so far as to say staff are "stealing bandwidth or resources" 
by using the company email or postal services.  If they use their own 
private email address for private email, that's fine by me, and they can 
have mail sent to the company postal addresses provided it does not have 
the company name as part of the address.

I have to log staff mail in order to ensure production schedules and 
activities are managed, monitored and acted upon promptly.  There is 
nothing wore than a Production Assistant being sick for a week, and all the 
actors email "What time is my shoot tomorrow" and we don't know.  Pretty 
silly having half a million dollars in equipment set up and no one to 
perform in front  of it.

I like the bit about employers rights to protect their intellectual 
property.  However, what about the economical rights of the corporation to 
make a profit and minimise costs?  Some might say employees not only use 
excessive bandwidth on non-work related email, but also the employyee's 
time, some up to four hours a day, replying to email that is 
unrelated.  Perhaps we should cut salaries in half and charge $1 a minute 
for Internet access in the office?  Then it can be a fringe benefit!

Staff are told NOT to use their company addresses for PERSONAL email as it 
will be read, not necessarily always by me.

If this new legislation prevents a company doing it's job under 
Commonwealth Law, then the State Law has no value at al, and it's just a 
smoke screen.  Remember that Corporations Law and Telecommunications Act 
will take precedent over any state passed laws.