Email policy

Email privacy 

There is a clear requirement to balance the need to monitor email, and use of the internet with an employee's right to privacy.

Technology exists to monitor email and internet use and employers may consider this a legitimate way to protect themselves against liability for the distribution of illegal, discriminatory or offensive material and for reducing exposure to viruses. Misuse may also compromise internet speed and computer systems.

The Federal Privacy Commissioner's guidelines on workplace email and internet use and privacy, advise employers to establish internet and email policies and, most importantly, to ensure that staff are aware of the policies. Staff must also be aware of the extent and form of any monitoring to which they will be subjected, and to whom the results of the monitoring will be available.

In developing email and internet policies, employers should recognise that an employee has a right to assume that their email and use of the internet will be private, unless it is clearly stated that this is not the case and that monitoring will take place.

Email and website disclaimers

A disclaimer is a statement which generally states that the author of a document is not responsible for any mishap in the event of another person using that document. This is generally done as a measure of legal protection. Such disclaimers may be included in emails or on websites.

There is no absolute legal position regarding the weight an email disclaimer carries.

Some issues to consider in deciding upon an appropriate disclaimer for your business include:

• confidentiality
• client privilege
• copyright
• protection against claims for the inadvertent transmission of viruses
• protection against staff providing unauthorised advice
• disclosure of privacy information.

Further resources:

• Acumen note Email disclaimers.
• Visit the Institute's HR Hub for further information regarding email policy, including resources about 'How to make the best use of email', 'How to prevent employee abuse of email and telephone' and a 'Computer email and internet use sample policy'.