The second exception is the “consent” exception, underneath which the employer need solely acquire the implied or specific consent of the employee to keep away from ECPA violations. Largely, employers are exempt from the ECPA under certainly one of two statutory exceptions. The Electronic Communications Privacy Act was revamped by Congress in 1986 and now covers all types of digital communications, together with personal e-mail. Thus, information could unnecessarily injury an employee’s reputation with an employer or trigger unneeded suspicion.
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