The answer to the title question is positive if the criteria of the Labour Code and the GDPR are met.
- Monitoring of employees’ e-mails is allowed when it is necessary to ensure:
- a work organization that enables full use of working time,
- proper usage of work tools.
The aforementioned criteria may include, for example, verification of the proper division of duties, control of the use of official equipment for private or non-duty purposes.
2 At the same time, while controlling e-mails, the employer should act with due diligence in order to not violate the regulations of:
- the confidentiality of the employee’s correspondence,
- or his other personal rights.
This may cause practical doubts in case of control of the employee’s mail, the employer may not open or read correspondence which designation or, for example, its initial content proves its private character.
A solution that minimizes the risk of violating the confidentiality of correspondence, but also of using e-mail for private purposes is to include an appropriate clause informing about the conditions of using e-mail in the Work Regulations or, for example, to offer employees a separate WIFI network, which will not be monitored.
It is important to remember that control – its methods, scope and purpose – generally does not require the employee’s consent, but prior notification is necessary.
Author: Aleksandra Hajdukiewicz, Trainee Attorney-at-law, associate at Kolecka Law Firm LLP
