Question 82 - CIPP-US discussion

The Electronic Communications Privacy Act of 1986 (ECPA) is a federal law that protects the privacy of wire, oral, and electronic communications while they are being made, in transit, or stored on computers1.The ECPA has three titles: Title I prohibits the intentional interception, use, or disclosure of wire, oral, or electronic communications, except for certain exceptions, such as consent, provider protection, or law enforcement purposes2.Title II, also known as the Stored Communications Act (SCA), prohibits the unauthorized access to or disclosure of stored wire or electronic communications, such as email, voicemail, or online messages, except for certain exceptions, such as consent, provider protection, or law enforcement purposes3.Title III regulates the installation and use of pen register and trap and trace devices, which record the numbers dialed to or from a telephone line, but not the content of the communications4.

Therefore, the action that is prohibited under the ECPA is intercepting electronic communications and unauthorized access to stored communications, which are covered by Title I and Title II of the Act, respectively. The other actions are not prohibited by the ECPA, as long as they comply with the exceptions and requirements of the Act.For example, monitoring all employee telephone calls or monitoring employee telephone calls of a personal nature may be allowed if the employer has a legitimate business purpose, has obtained the consent of the employees, or has a court order5.Accessing stored communications with the consent of the sender or recipient of the message is also allowed under the ECPA, as consent is one of the exceptions to the prohibition of unauthorized access3.