With the advances in information technology, it is now standard practice for companies to maintain email addresses and put them in their brochures, business cards and promotional materials.

The email system enables interested parties to communicate by computer with the company anytime. In turn, the company can respond to those messages at the convenience or availability of its employees.

It’s goodbye to tedious telephone calls and slow mail.

Although a company’s email facilities are meant for business, it is common knowledge that employees also use them for personal or social purposes whenever they have the opportunity.

The usual justification for the extra use is: Why not, when payment for the equipment is fixed regardless of the frequency of usage.

And when they do, the users are sometimes reckless in their choice of words or expression of inner thoughts thinking that only the recipient of their messages will be able to read them.

Warnings to be cautious in sending email are often ignored. Some have no qualms about using it to transact unauthorized business, send messages that could adversely affect the company’s image, or, worse, commit unlawful acts.

Database

Unlike written communications that can be shredded to prevent their being seen by others, email messages remain untouched in their server (or electronic mailbox) until they are deleted by its administrator.

Depending on the resources or nature of the business of the company, it may install a server in its premises in addition to the server of the IT outfit that maintains the email facilities.

By having its own server, anytime the company feels like reviewing the email traffic within its facilities, all it has to do is press a few buttons and the stored communications can be read.

The recovered messages can give the company an insight into the thoughts and activities of their senders, especially its employees.

The value of the information that may be gathered from such “eavesdropping” depends on the company’s business philosophy and its appreciation of the employer-employee relationship.

Emotional outbursts, imprudent words and juvenile remarks can be overlooked and attributed to human frailty.

But the story is different if they involve acts inimical to the company’s interests or may lead to violation of penal laws. The company may, as a matter of self-protection, have to take the proper preventive or remedial measures.

Confidentiality

There is a silent controversy over the right of employers to read the email of employees that use the company’s IT facilities.

Many employees cry foul over Big Brother looking into their cyberspace mailbox without their consent. They consider it a violation of their right to privacy or confidentiality of personal communications.

The protest becomes louder if, as a result of the opening of the mailbox, the company comes up with proof that shows that the employee concerned committed an act that justifies his dismissal or criminal prosecution.

Under existing laws, communications made through the Internet or similar cyberspace devices are, after proper identification and authentication, acceptable as evidence in court.

The mailbox break-in has been compared to a search of a person’s premises without his consent or the benefit of a search warrant issued by a court.

The argument goes that, following the rule on inadmissibility of products of unlawful searches and seizures, whatever is found in the course of an unauthorized email review cannot and should not be used against the affected employee.

Official business

Unless forced to reveal its hand, no company will admit it looks into its server to check whether or not its employees are using the email facilities properly.

Such an admission would undoubtedly rile the employees. If asked about it, the politically correct response is, like the US nuclear-armed ships that enter Philippine waters, to neither confirm nor deny it.

Employers argue, however, that since they own and maintain the email facilities, they have the right to check them to ensure that they are used for the purpose for which they were installed.

Since the facilities are intended to promote the company’s business, the employees cannot, as a matter of right, use them for personal purposes. If they do, they do it at their own risk and should not complain if their mailbox is looked into.

The biggest fear of companies is their email facilities to be involved or used as instruments for the commission of criminal acts, such as, pyramiding or sale of unregistered securities.

No matter how a sender may disguise it or use indirect means to conceal an email transmission from a company-owned email account, there are “tracers” or telltale signs in the message that will allow its being traced back to its original source.

If the company’s email account is shown to be involved in an illegal activity, it can be ordered shut down. Or worse, the company and its officials could be held civilly or criminally liable for failure to prevent or tolerating the commission of a crime.

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For feedback, please write to rpalabrica@inquirer.com.ph.