Is It Legal for My Boss to Access and Use My Email for Personal or Professional Communication?

Has your boss been using your email, without your permission, to send messages to people? If so, you may be wondering: is this legal? The answer is a resounding no. This practice is not only unethical but also illegal, and can lead to serious legal consequences.

Litigation and Email Privacy

Email privacy and the content of business emails are typically protected by laws designed to safeguard personal privacy and prevent unauthorized access. In the context of a business agreement for email marketing or internal communication, the service provider must obtain explicit consent and ensure that communications are strictly for the agreed-upon purpose. Unauthorized access and impersonation without the permission of the email owner can lead to violations of privacy laws and cyberstalking charges.

Furthermore, the unauthorized use of someone's email for personal or professional communication without their awareness is a severe violation of privacy and can lead to criminal charges, such as cyberstalking. If you are not a paid, compensated employee, your boss is not legally entitled to control how you use your email, let alone use it for impersonation.

Immediate Steps to Take

If you find that your boss has been accessing or using your email without your permission, take the following steps immediately:

Log Out of Email Privately: Ensure that you do not leave your account logged in on any computer or device your boss has access to. This is a critical step in preventing further unauthorized access. Change Your Password: Immediately change your email password. Do not share this password with your boss. This protects you from any further unwanted access. Review Security Settings: Check all security settings to ensure that your account has not been compromised. Look for any changes made to your account. Log Out All Devices: When changing your password, make sure to log out of your email on all devices, even those you recognize as your own. The only device that should remain logged in is the one you are currently using.

Consult a Lawyer

Given the potential for serious legal consequences, it is highly advisable to seek legal advice. A lawyer can help you understand the laws in your jurisdiction, provide guidance on how to proceed, and protect your rights.

Perhaps the most egregious case occurred in a finance company where a boss used an employee's email address to send hostile, damaging messages. The employee was a key member of a respected team, and this action led to significant difficulties. This was not just a one-time incident; the boss had been engaging in similar behavior for some time, including targeting the Finance Vice President who had hired her. This abuse culminated in formal complaints from almost everyone in the company, leading to the boss's immediate termination. According to the Finance Vice President, she was so moved by the impact of this behavior that she was in tears when he told her about it in the parking lot one evening.

Are There Any Exceptions?

While the use of your email without your permission is almost always illegal, there may be some exceptions in certain situations. However, these exceptions are rare and should not be relied upon. If you are employed but not paid (e.g., a volunteer or intern), your boss may not have the legal authority to control your email usage.

Even in typical employment scenarios, bosses do not have the right to impersonate employees or use their email accounts without explicit consent.

Overall, the unauthorized use of your email for impersonation, regardless of the intent, is a serious violation of privacy and is not within the scope of a boss's authority. Protecting your email privacy is essential for maintaining your personal and professional integrity.