Electronic Communications Privacy Act (ECPA): Federal law that sets standards for monitoring electronic communications, including email. Requires consideration of employee privacy rights in electronic communications.
Stored Communications Act (SCA): Part of the ECPA that specifically governs stored electronic communications and provides privacy protections for email and other digital communications.
Computer Fraud and Abuse Act (CFAA): Federal law that criminalizes unauthorized access to computers and networks, relevant for defining acceptable use and access policies.
Federal Wire Tapping Act: Regulates the interception of electronic communications, including requirements for consent in monitoring.
Digital Millennium Copyright Act (DMCA): Addresses copyright protection in digital environment, important for defining policies around sharing and downloading content.
Children's Online Privacy Protection Act (COPPA): Regulates the collection and use of personal information from children under 13, relevant if employees' children might access work systems.
California Consumer Privacy Act (CCPA): California-specific privacy law that grants consumers rights over their personal data, applicable if operating in California.
National Labor Relations Act (NLRA): Protects employees' rights to discuss working conditions, including through electronic means.
Fair Labor Standards Act (FLSA): Relevant for policies regarding non-exempt employees' use of email and internet outside working hours.
Sarbanes-Oxley Act: Requires public companies to maintain certain records and implement internal controls, including electronic communications.
Health Insurance Portability and Accountability Act (HIPAA): Governs the protection of medical information, including electronic transmission and storage of health data.
Gramm-Leach-Bliley Act: Requires financial institutions to explain information-sharing practices and protect sensitive data.
Payment Card Industry Data Security Standard (PCI DSS): Security standards for organizations handling credit card information, including requirements for electronic data protection.
Family Educational Rights and Privacy Act (FERPA): Protects privacy of student education records, including electronic records in educational institutions.
Occupational Safety and Health Act (OSHA): Includes guidelines for workplace ergonomics and safe use of computer equipment.
First Amendment: Constitutional protection of free speech rights that may impact policies on personal use and expression.
Fourth Amendment: Constitutional protection against unreasonable searches, relevant to employee privacy expectations in electronic communications.
State Electronic Monitoring Laws: Various state-specific laws governing employer monitoring of electronic communications and notice requirements.
Data Breach Notification Laws: State and federal requirements for notifying affected parties in case of data breaches or unauthorized access.
Record Retention Requirements: Various legal requirements for maintaining business records, including electronic communications and data.
