Employee Email Monitoring – the Right to Control vs. the Right to Privacy

Is an employer entitled to access the business email accounts of its employees?

The answer is: yes, but only under specific conditions.

Email monitoring is permissible solely when:

• it is necessary to ensure proper organization of work;
• it concerns the correct use of tools provided by the employer;
• it is carried out within the limits of the law and with respect for privacy.

The key issue is balance. Monitoring must not lead to a violation of the secrecy of correspondence or other personal rights of the employee. This means that even within the scope of supervision, the employer may not review private messages even if sent from a business account (i.e. from the employee’s mailbox).

Moreover, the legal provisions concerning the monitoring of electronic mail refer to the general rules applicable to workplace monitoring (e.g. video surveillance), which require, among others:

• informing employees about the introduction of monitoring;
• clearly defining its purpose, scope, and manner of application;
• regulating these principles in internal company policies, collective agreements, or official notices.

In practice, this means that:

• employees must be aware that their business email may be subject to monitoring;
• monitoring must be proportionate to its purpose – it cannot be applied “just in case”;
• employee privacy remains protected, even when company equipment is used.

For employers, this is an important tool for ensuring efficiency and security (e.g. preventing data leaks). For employees, it is a reminder that business email is not equivalent to private correspondence. Nonetheless, the employer must not access the content of private messages (even if contained in a business account), as this may easily infringe upon the employee’s personal rights, including the right to privacy.

Therefore, email monitoring is not prohibited, but its implementation requires prudence, clear internal procedures, and transparency towards employees. The principle of proportionality is paramount – the employer should adopt the least intrusive measure and apply monitoring only where justified.

If your company is considering implementing email monitoring or other forms of employee supervision, it is of crucial importance to prepare internal regulations that are lawful, properly drafted, transparent, and safe, so as to avoid exposing the employer to the risk of disputes or sanctions.

Attorney-at-law Paweł Siwy of Hoogells supports employers in drafting and implementing workplace regulations and monitoring policies – ensuring that they are not only compliant with applicable legislation and properly structured, but also transparent, secure, and protective against legal risks.