Seems perfectly logical. The messages employees send over an employer-provided e-mail system technically belong to your company. Maybe not, says a judge in a recent court decision.

Of course you know not every e-mail employees are typing from 9 to 5 is business-related. But if you ever needed to view any of those personal messages, you’d be within your rights since they were sent on a company system. Right?

That’s what this organization assumed when it needed one of its employees’ personal e-mails to his attorney as part of an unrelated legal matter.

The employee balked, saying that was a violation of his privacy … and a court agreed!

The court said that the employee had a reasonable expectation to privacy in his e-communications.

That’s likely going to be a major wakeup call to most companies. But there is a way to protect yourself. Make sure you know the answer to these four questions (or find someone who does):

1. Do you have a company policy banning personal or other “objectional” e-mail use?

2. Do you monitor employees’ e-mail use?

3. Do any third parties have the ability to access computers or e-mails?

4. Do you tell employees (or do they know) about your monitoring or use policies?

If you can answer “yes” to all of them, you’re probably safe. But without a clear policy banning occasional personal e-mail use, you could get caught short like this company did.

Cite: Convertino v. U.S. Department of Justice, et al., U.S. District Ct., District of Columbia, CIV 04-0236 (RCL), 12/10/09.