German Court: employers can review employees e-mails.

• Position: E-MAIL - Brief article

The Higher Labor Court of Berlin-Brandenburg Germany has ruled that an employer has the right to access and review an employee's work-related e-mail during his/her absence from work.

The ruling makes clear that an employee's right to use the company e-mail system for private communications does not preclude the employer reviewing an employee's business-related e-mail.

In the case, the plaintiff could not work due to a long-term illness. The employer unsuccessfully tried to contact the employee to get her consent so the employer could access and read her business-related emails in order to respond to customers' requests. After several weeks, the employer circumvented the employee's password and read and printed the employee's business-related e-mails. The employer did not read or print e-mail labeled "private."

The employee requested a court order prohibiting her employer from accessing her e-mail account during any future absences...