A new collective agreement between Israel's largest workers union and one of its largest employer organizations, signed on June 25, 2008, addresses the question of access by an employer to an employee's email account at work. The agreement aims to balance between the employer's right to property and the employee's right to privacy, and provides the following general provisions:
- The employer may establish rules regarding the use of the workplace computer, including policies with respect to use of certain programs or accessing certain websites. Any such rules and policies must be brought to the attention of the employees.
- The employee must use the workplace computer for work purposes, but s(he) may, within a reasonable scope and for a reasonable period of time, also use it for private purposes which are protected by privacy rules, so long as such activities are not illegal.
- If the employer in good faith has reason to believe that an employee is using the workplace computer for illegal activities or in a way which may harm the employer, the employer may act in order to assess the employee's activities on the computer, the internet or email. Any such actions must be reasonable and adhere to the purpose of preventing illegal activity or the harming of the employer.
- Any entry into an employee's personal mailbox or to an employee's personal files requires the prior consent of the employee, and upon his request will be done in his presence. The Agreement does not address the question what would occur if an employee were to refuse such access.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
