Legal Question in Technology Law in Massachusetts

Re: is it legal for someone to access & read your email

The answer to this question depends heavily on the facts of the situation. And the rules around internet information and emails is still developing, so some of the rules are gray. However, I�ve share some general rules in the area which depend a lot on where the event took place.

Generally, an employee should have no reasonable expectation of privacy in their emails at the workplace. This is whether or not the employer told them that they would read it. The Government, usually for security reasons, also has some rights to look over email traffic. Your ISP/email provider, usually for liability reasons, might have gotten the right to look over your email when you signed up for their service.

The laws around someone reading emails outside of the situations above will likely parallel laws related to invasion of privacy. Generally, when someone intrudes on the right of privacy of another, they are liable for the resulting harm. As always, the facts of the situation are important. Important situational facts for this issue would include what type of steps were taken to �seclude� yourself and your emails, whether the offender intended to intrude on your privacy, whether the intrusion would be highly offensive to a reasonable person and what harm resulted from the intrusion.

Hopefully this answers your question.

John Brooks