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Labour law7 min read

The Boss Reads Work Email: When This Violates an Employee’s Privacy

The corporate address and computer belong to the employer, but that does not turn every employee email into an open book. In Israel, the boundary depends on the type of mailbox, company rules, the purpose of the review, and whether the employee gave informed and voluntary consent.

Numbers and facts
  • •1981 — the Protection of Privacy Law was enacted
  • •Section 1 — prohibition on violating privacy without consent
  • •Section 7 — protection of the confidentiality of communications and records
  • •ע״ע 90/08 — the key Isakov case
  • •2011 — decision in the Isakov case

Whose Server It Is Is Not the Main Question

The key reference point is the decision of the National Labor Court in the Isakov case, ע״ע 90/08. The judicial approach distinguishes between a work mailbox intended solely for work, a mixed mailbox in which personal correspondence is permitted, and an employee’s external personal address. Even if emails are stored on the company’s server, the employer’s ownership of the equipment does not eliminate the privacy of correspondence. This also follows from Section 7 of Basic Law: Human Dignity and Liberty, which protects the confidentiality of communications, records, and documents.

When Monitoring May Be Permissible

The employer must establish clear email-use rules in advance and notify employees of possible monitoring. A review must have a specific lawful purpose—for example, protecting commercial information—and must not be broader than necessary. Access to personal content in a personal or mixed mailbox is permitted only in exceptional circumstances and after the employee’s prior, explicit, informed, and voluntary consent. A general clause in an employment contract or the employee’s silence does not necessarily authorize reading specific personal correspondence.

Email Forwarding Also Counts as Access

Automatic forwarding to a manager reveals the content of emails just as logging into a mailbox does. It is therefore important to distinguish between forwarding work correspondence to ensure continuity of operations and redirecting all email, including personal messages. Forwarding after dismissal without filtering, a time limit, or prior notice is particularly problematic. If the company needs work documents, a less intrusive method may be to transfer specific folders or request particular materials rather than obtain unrestricted access to the entire archive.

What the Court Examines in a Dispute

A court will generally examine the purpose for which the mailbox was created, whether personal use was permitted, and which rules the employee actually received. Relevant factors include the purpose and scope of the review, whether a less intrusive method was available, and whether specific consent was given to inspect the content. In case רע״א 53437-02-16, the Central District Court confirmed that documents from personal correspondence may not be taken unilaterally merely because the mailbox was located on the company’s server; an application should first have been made to the court. Emails obtained unlawfully may be excluded from evidence, although the issue is decided according to the circumstances of the particular proceeding.

What Evidence to Preserve

Keep the computer and email use policies, employment contract, notices concerning IT monitoring, and documents you signed. Record the date on which you discovered the access, forwarding settings, login notifications, the recipient’s address, and correspondence with the manager or IT department; screenshots showing visible dates are useful. Ask in writing who obtained access, on what basis, which messages were accessed, and whether copying is continuing. Do not access other people’s accounts without permission or take materials to which you have no lawful access.

When to Discuss Compensation

Section 1 of the Protection of Privacy Law, 1981 prohibits violating another person’s privacy without consent. If personal emails were read, disclosed to third parties, or used against the employee, issues may arise concerning termination of access, deletion of copies, inadmissibility of evidence, and monetary compensation. The materials provided contain no uniform tariff in shekels: the outcome depends on the method of intrusion, the volume of correspondence, the dissemination of information, the consequences, and the available evidence. It is therefore impossible to promise a specific amount merely because email was viewed.

FAQ

Can my boss read corporate email without my permission?

Not automatically. Monitoring options are broader for a purely work-related mailbox if the rules were communicated to the employee in advance and the review has a specific purpose and proportionate scope. Personal content in a mixed mailbox requires stronger justification and, as a rule, prior specific consent.

Can work email be used for personal messages?

The judicial approach permits reasonable personal use unless the employer has established a different rule. For sensitive correspondence, however, it is safer to use an external personal mailbox and a personal device: this does not eliminate every risk, but it more clearly indicates an expectation of privacy.

May an employer log into my personal Gmail from a work computer?

The mere use of a work computer or server does not give the employer unrestricted access to an external personal mailbox. The materials emphasize that an employer may not monitor and read such correspondence without consent, except in exceptional circumstances and through proper legal procedure.

What should I do if my emails are automatically forwarded to my manager?

First, document the settings, notifications, and forwarding address without changing or deleting corporate data. Then ask in writing for the basis, purpose, recipients, and duration of the forwarding, and save the response outside the work mailbox.

Can I receive compensation for the reading of personal correspondence?

A claim may be possible if the circumstances indicate an unlawful violation of privacy, but there is no fixed payment for each instance of viewing. The amount and the possibility of recovery depend on the evidence, the nature of the access, the dissemination of the emails, and the consequences; the sources provided do not support a specific sum in shekels.

What to do next

Review the company policy, do not rush to disable forwarding yourself, and preserve the evidence of viewing available to you. Ask in writing about the basis and limits of the monitoring; if clearly personal correspondence was accessed, you may discuss with an employment lawyer demands to terminate access, preserve evidence, and seek possible compensation.

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