Legal Question in Employment Law in Rhode Island

Yes, it is legal to do so as long as this is restricted to business computers owned by the business and only to the extent that they are used for business. Computers at a work location that the employer owns or controls may be monitored at any time because there is no reasonable expectation of privacy on those computers because they are business computers.

However, if you allow an employee to use a take-home laptop to do work from home, but you do not advise the employee that they may not use it for personal purposes, an employee may have a reasonable right to privacy regarding activities unrelated to work unless it is made clear that the computer is a business computer and is therefore subject to access by the employer at any time. If, however, you expressly or implicitly allow the employee to use a computer for personal purposes, then it is reasonable for an employee to expect that personal uses also implies that the employee will be free from monitoring and have an expectation of privacy when using the computer for personal purposes, unless you make it clear that a computer may be used for personal purposes but is subject to monitor and/or review by the employer for the protection of the asset and other business purposes (i.e. a disclaimer).

Ultimately, if we are talking about strictly business computers during working hours for employees at a location the employer controls, then no disclosure is necessary for monitoring internet activity, though it is always best to be safe and place a disclosure of the employers right to monitor and/or check on the activity and/or content on any business owned computer at any time for the protection of the business and the asset. This is the safest route to take for any employer and provides protection in most circumstances, provided the disclosure is included in something akin to an employee handbook or notice that each employee acknowledges receiving by a signed and dated acknowledgment of receipt of this employee handbook or company policy.

The ultimate issue is whether the employee should have a "reasonable expectation of privacy" in the communications and uses they are making of the equipment on the internet. If they have a reasonable expectation of privacy, then the monitoring without a disclosure is a violation of the individual's privacy and is generally prohibited. By providing even a basic disclosure form to each employee that computers used to conduct any business for the employer are subject to monitoring for the protection of the computer as an asset and to protect the business and the network and workings of the business, the employer provides a layer of protection that allows the monitoring without violating individual privacy rights because the employee has consented to the policy.

I hope this has been helpful to you. This area of law has come to the forefront of divorce and family law as well as many other important areas of law. Should you need further assistance, please do not hesitate to contact me for a coaching session about strategically setting up a sufficient protective disclosure to protect against privacy violations which may lead to liability (i.e. possible lawsuits) against the company or its owner(s) and their personal assets.