private e-mail archiving compliance with the law! Can companies check your private messages of their employees? Contrary to popular belief, the contents long since not all private e-mails that are written or received at work, off limits to the employer. A currently prevailing ruling of the Administrative Court of Frankfurt / Main, shows that the secrecy of telecommunications is applicable to e-mail only in a narrow extent.
says what the secrecy of telecommunications?
Telecommunications secrecy applies to phone calls, but also fax and e-mail. The secret eavesdropping a call and the secret eavesdropping of a fax or an e-mail will be punished according to § 206 Criminal Code with imprisonment up to five years. This is the ruling of the Administrative Court of Frankfurt / Main, reference 628/08.F 1 C (3).
When the employer is subject to the secrecy of telecommunications?
lawyer Niko Härting (Härting lawyers) said: "The employer who allows his employees to private e-mail traffic, by a provider of telecommunications services and therefore under the secrecy of telecommunications. While this is nowhere clearly defined by law, but consistent with the views of almost all telecommunications law expert. "
consequences of telecommunications secrecy
order to avoid difficulties with the secrecy of telecommunications, many companies prohibit their employees sending personal e-mails.
The court allowed the reading private e-mails!
overlook Most experts now that the Federal Constitutional Court decided in March 2006 (Judgement of 2.3.2006, Az 2 BvR 2099/04) that the secret protection only for the "current telecommunications' means. In his decision on Online searches Karlsruhe has this limitation, a year later again confirmed (Judgement of 27.2.2007, Az 1BvR 370/07; 1BvR 595/07).
Reading private e-mails archived is allowed!
The VG Frankfurt / Main, has concluded from this restriction applicable, that e-mails are at least not protected from the view of the employer if they are archived. Because at this time of the telecommunications process is completed.
Forget about private e-mails! shows judgments of the courts that a company is not exposed to risks overwhelming when his staff private e-mail traffic possible. Whether to perform an administrative or support but also for other practical reasons - for example in case of illness or after the termination of an employee, if it becomes necessary to take a look at stored mail of an employee, the secrecy of telecommunications is such a view being done. For the telecommunications secrecy protects only the current communication, and therefore prohibits only that, Intercept and eavesdropping 'of e-mails. When the mail arrived at the destination computer, the mail is no more and no less protected than any other data stored on the computer. The Federal Constitutional Court has ruled very clearly, and the Frankfurt Administrative uses The Karlsruhe requirements consistently.
conclusion of a lawyer
A lawyer concludes: "The widespread recommendation to companies to allow their employees to private e-mail use, has always walked past the operational reality. The decision of the Frankfurt Administrative shows that the secrecy of telecommunications is to be understood much more closely than commonly recognized. The employer may well allow private messages, without thereby create insurmountable hurdles for the storage and archiving of messages. "
conclusion for archiving e-mails All private e-mail that is not the current telecommunications can be assigned, can be archived lawful as they are not subject to the protection of telecommunications secrecy.
