Opening absent employee email

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Lance Michalson

Can a company open an employee’s email whilst he is away on holiday or out of office?

Section 6 of our monitoring law, the Regulation of Interception of Communications & Provision of Communication-Related Information Act of 2002 (RICA) allows companies to monitor and intercept email provided that it takes place “in the course of the carrying on of any business” at the company and provided that the other requirements of section 6 have been met. “Business” has been given a very wide definition.

The types of activities covered here would be any business transaction, anything that

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