Is reading corporate email legal?
Based on the question that gave a small holivar. The majority of employees agreed that reading the corporate correspondence of their employees by the head of the organization (and anyone else) is illegal and violates the constitution guaranteeing our privacy of correspondence. Let's see how things really are in the legislation.
Position of an employee of the organization
The Constitution of the Russian Federation (Art. 23 of the Constitution of the Russian Federation), “every citizen has the right to confidentiality of correspondence, telephone conversations, postal, telegraph and other communications. Restriction of this right is allowed only on the basis of a court decision. "
That is, the legislation of the Russian Federation does not give the employer the right to control the correspondence of employees. Moreover, there is art. 138 of the Criminal Code of the Russian Federation, which reads:
“Violation of the secrecy of correspondence, telephone conversations, postal, telegraphic or other communications of citizens is punishable by a fine of up to 80 thousand rubles, or in the amount of wages or other income of the convicted person for a period of up to six months, or compulsory work for a period of 120 to 180 hours, or correctional labor for up to one year. "
Employer position
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Corporate email is owned by the company. It should be used by an employee only for the performance of his official duties and is not intended for personal correspondence. The employer pays for the mail traffic used by employees for personal purposes and their working time spent on personal communication. He will incur losses in case of leakage of confidential information.
Art. 10 h. 4 of the Federal Law of the Russian Federation No. 98-FZ dated July 29, 2004 “On Commercial Secrets” states: “The owner of information constituting a commercial secret may use, if necessary, the means and methods of technically protecting the confidentiality of this information, others that do not contradict the laws of the Russian Federation measures.
Legal position
The secret of correspondence extends to the persons participating in its process only when paying for these funds and services of a telecoms operator independently.
Office correspondence is organized for production purposes during working hours using technical means belonging to the organization. If an employee includes personal motives and goals in this process, then such actions can be viewed as meeting personal needs at the expense of the organization, which, respectively, falls under the Criminal Code of the Russian Federation or the Administrative Code of the Russian Federation with all the ensuing consequences for the person.
That is, all correspondence carried out during working hours with the help of technical means belonging to this organization and via the communication or data transmission channels paid by it is official, even if it is conducted during non-working hours.
Actions of the head (lawyer)
Specify in the Charter of the organization, who is the owner of all material, technical and intellectual (information) resources, including the contents of official correspondence, which is carried out by employees of the organization during office hours and using technical means belonging to the organization.
Establish a commercial secret regime in an organization (in accordance with Article 10 of Part 1 of the Law on Commercial Secrets). The manager must issue an order defining the rights of employees to access information that is confidential.
When concluding an employment contract with an employee, it is necessary to include a clause on which the employer reserves the right to control the employee’s activities at the workplace during office hours, including checking the contents of official correspondence, no matter how it is conducted (on paper, using e-mail ).
Conclusion
It is possible and even necessary to read corporate mail.
Position of an employee of the organization
The Constitution of the Russian Federation (Art. 23 of the Constitution of the Russian Federation), “every citizen has the right to confidentiality of correspondence, telephone conversations, postal, telegraph and other communications. Restriction of this right is allowed only on the basis of a court decision. "
That is, the legislation of the Russian Federation does not give the employer the right to control the correspondence of employees. Moreover, there is art. 138 of the Criminal Code of the Russian Federation, which reads:
“Violation of the secrecy of correspondence, telephone conversations, postal, telegraphic or other communications of citizens is punishable by a fine of up to 80 thousand rubles, or in the amount of wages or other income of the convicted person for a period of up to six months, or compulsory work for a period of 120 to 180 hours, or correctional labor for up to one year. "
Employer position
')
Corporate email is owned by the company. It should be used by an employee only for the performance of his official duties and is not intended for personal correspondence. The employer pays for the mail traffic used by employees for personal purposes and their working time spent on personal communication. He will incur losses in case of leakage of confidential information.
Art. 10 h. 4 of the Federal Law of the Russian Federation No. 98-FZ dated July 29, 2004 “On Commercial Secrets” states: “The owner of information constituting a commercial secret may use, if necessary, the means and methods of technically protecting the confidentiality of this information, others that do not contradict the laws of the Russian Federation measures.
Legal position
The secret of correspondence extends to the persons participating in its process only when paying for these funds and services of a telecoms operator independently.
Office correspondence is organized for production purposes during working hours using technical means belonging to the organization. If an employee includes personal motives and goals in this process, then such actions can be viewed as meeting personal needs at the expense of the organization, which, respectively, falls under the Criminal Code of the Russian Federation or the Administrative Code of the Russian Federation with all the ensuing consequences for the person.
That is, all correspondence carried out during working hours with the help of technical means belonging to this organization and via the communication or data transmission channels paid by it is official, even if it is conducted during non-working hours.
Actions of the head (lawyer)
Specify in the Charter of the organization, who is the owner of all material, technical and intellectual (information) resources, including the contents of official correspondence, which is carried out by employees of the organization during office hours and using technical means belonging to the organization.
Establish a commercial secret regime in an organization (in accordance with Article 10 of Part 1 of the Law on Commercial Secrets). The manager must issue an order defining the rights of employees to access information that is confidential.
When concluding an employment contract with an employee, it is necessary to include a clause on which the employer reserves the right to control the employee’s activities at the workplace during office hours, including checking the contents of official correspondence, no matter how it is conducted (on paper, using e-mail ).
Conclusion
It is possible and even necessary to read corporate mail.
Source: https://habr.com/ru/post/284720/
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