Monitoring EMployee Electronic Data & Communications
In Washington, the law is still complex and emerging with regard to monitoring employee emails, texts, voicemails and internet use. A disclosure in the company handbook clarifying that employees have no privacy interest when using company equipment helps clarify when employers can monitor electronic activity. Washington’s Privacy Act prohibits employers from recording or intercepting any private communication transmitted by phone or other device without the consent of all parties in the communication. Consent is obtained whenever one party has announced to all other parties that the communication is about to be recorded or transmitted. Employers may make such an announcement in an employee manual.