Colorado employers generally can monitor employee emails sent or received on company-owned devices or networks under federal law, but the Colorado Privacy Act (CPA) imposes strict limits on handling personal data like biometrics extracted from communications. State cybersecurity laws require data breach notifications within 30 days, while employee privacy hinges on notice and consent for monitoring. No blanket prohibition exists on reading work emails, but overreach into personal accounts risks claims under the CPA or federal wiretap laws.​
Employer Monitoring Rights
Employers own communications on their systems, allowing review of emails for business needs without prior consent, provided company policies disclose monitoring. Federal Electronic Communications Privacy Act (ECPA) permits access to stored emails on employer servers, but real-time interception requires consent or business use exceptions. Colorado adds no unique email interception ban, deferring to federal standards.​
CPA Biometric Protections
Effective July 1, 2025, CPA amendments mandate opt-in consent for biometric data processing, including from emails or surveillance, with employers barred from conditioning jobs on consent except for security access or safety. Controllers must notify on collection purposes, retention, and sharing, applying to employee biometrics like facial scans from video calls. Violations draw attorney general enforcement up to $20,000 per incident.​
Cybersecurity Obligations
Colorado’s data protection law requires “reasonable” security for personal information, with breaches reported to the Attorney General and affected residents if over 500 impacted. Employers handling emails with sensitive data face audits and must delete biometrics post-purpose unless consented otherwise. Non-compliance risks civil penalties and private suits under CPA.
SOURCES
[1](https://www.mvalaw.com/data-points/dont-forget-big-changes-coming-to-colorados-privacy-act-upcoming-deadlines-for-biometrics-and-minors-effective-july-1-2025-and-october-1-2025)
[2](https://ogletree.com/insights-resources/blog-posts/beyond-fingerprints-navigating-the-biometric-amendment-to-the-colorado-privacy-act/)
[3](https://cdle.colorado.gov/electronic-communications-requirements)
[4](https://m2lawyers.com/can-my-employer-monitor-my-emails/)
[5](https://www.shrm.org/topics-tools/employment-law-compliance/implications-for-employers-of-colorado-s-new-biometrics-law)
