Out-Law News 1 min. read

Should you use staff or technology to monitor e-mail?


Over 43% of US companies with more than 20,000 employees are hiring staff to monitor and read outgoing e-mail, suggesting a lack of confidence in content-scanning technologies to stop the leak of trade secrets and embarrassing information about the company.

The study on outgoing e-mail security and content was carried out by Forrester Consulting on behalf of security software firm Proofpoint.

It found that, of the 140 US corporate decision-makers who responded to the survey, 52.1% said that their company relied on the monitoring features found in anti-spam software, 47.1% use messaging security systems for sensitive content, and 33.6% use technology to detect offensive content on outgoing e-mails.

But 30% of companies surveyed employ staff to monitor outbound e-mail content, and a further 9.3% intend to follow suit in the future, and the figures are higher for larger firms: 43.5% of companies with more than 20,000 employees use staff to monitor e-mail, and a further 12.8% intend to do so in the future.

This was a US survey and UK employers need to exercise caution before monitoring staff e-mail because in many cases it will be unlawful. There is also a security issue.

Rosemary Jay, a data protection specialist with Masons, the law firm behind OUT-LAW.COM, explains:

"While the use of employees for this purpose is clearly understandable, employers should be aware that individuals are often the weakest link in the security chain. It raises the question of who guards the guardians.

"It is essential that those who have access to other people's e-mails are properly trained to understand their responsibilities to ensure confidentiality and security. If employees fail to do so, the employer may fall foul of the Data Protection Act among other legal requirements. In this scenario, loose tongues can cause a loss of both privacy for the individual and security for the organisation."

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