Does the Stored Communications Act Protect Me at Work?

Laws, such as the federal Stored Communications Act, prohibits, unless the employee provides consent, an employer from accessing non-public information from websites whose passwords and login information are stored on company property, including a company phone, tablet or computer. However, many employers take the position that there is no expectation of privacy on a company cell phone, tablet or computer and rely on their computer, phone and social media policies to access all information, emails, websites and an employee’s social media site.

Employees should err on the side of caution. Employees should keep their personal and work lives separated. If an employer provides an employee with a cell phone, the employee should utilize that phone for work related items only. The employee should not download any personal information or apps onto the work phone. While it may require an employee to pay for a personal cell phone, the employee should have their own personal cell phone to use for their personal email, texts, social media, etc. While it seems economical to use the company phone, the downside could be tremendous.

Don’t forget, that any texts that are not work related are generally a violation of company policy and could be grounds for termination. Employees should also err on the side of caution with any tablets, laptops or even desk tops either at the office or that the company provides to them at their homes.

Employees should presume that if they download or log into Instagram, LinkedIn, Facebook, Grindr, Pinterest, Tinder, Snapchat, Twitter, etc., their employer may have access to these sites.

While an employee may be able to raise a claim under the federal Stored Communications Act for their employer’s review of the employee’s personal social media and emails on the company phone, etc., keep in mind this would most likely occur after the employer has already accessed all of the employee’s personal and private information. Be mindful that it is better not to provide an employer access. Employees should not store personal information on their work phone, tablet or laptop and should not access any private information on any of these devices.