Can Your Employer Read That Email? Data Privacy and Cybersecurity Laws in Pennsylvania

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Can Your Employer Read That Email? Data Privacy and Cybersecurity Laws in Pennsylvania

Pennsylvania employers can generally monitor work emails on company systems, but strict limits apply under federal and state laws to protect privacy. The state’s two-party consent rule and federal statutes like the ECPA govern access, requiring consent or business justification. No comprehensive 2025 monitoring notice law exists yet, though bills like HB 1559 propose it.​

Email Monitoring Rules

Employers access company emails freely if policies disclose monitoring, as courts find no reasonable privacy expectation in workplace accounts. Federal ECPA allows interception for business purposes or with consent, but Stored Communications Act restricts accessing private stored emails. Personal devices remain off-limits without explicit permission.​

Key Privacy Laws

Pennsylvania’s Wiretapping and Electronic Surveillance Control Act mandates two-party consent for recording calls or electronic communications, blocking secret audio surveillance. NLRA protects union-related emails from interference, while CFAA penalizes unauthorized personal account access. Employees inspect personnel files under the Personnel Files Act.​

Cybersecurity Obligations

Laws like HIPAA or GLBA require employers to secure sensitive data in emails, with breach notifications mandatory. Best practices include clear policies, explicit consent via handbooks, and audits to avoid overreach. Violations risk fines, lawsuits, or NLRB claims.

SOURCES

[1](https://www.superlawyers.com/resources/employment-law-employee/can-my-employer-monitor-my-emails-and-internet-usage/)
[2](https://www.phillyemploymentlawyer.com/blog/workplace-surveillance-laws-in-pennsylvania/)
[3](https://www.morcomlaw.com/blog/what-are-the-requirements-for-employee-privacy-in-the-workplace/)
[4](https://faruqilaw.com/blog/809/employers-must-provide-notice-to-employees-of-surveillance-practices-under-new-law/)
[5](https://www.mette.com/news-events/how-may-an-employer-monitor-employees-in-the-workplace/)

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