Employers should consider the following key provisions when developing a companywide employee privacy and monitoring policy:

Specify what is governed by the monitoring policy (e.g., electronic communications, telephones, company property and premises, etc.) and inform employees that monitoring and searches can occur at any time, for any reason, with or without any further notice.
Establish that the organization's computer and telephone systems and other equipment are the property of the employer, and employees should not maintain any expectation of privacy while using them or personal property to conduct company business.
Specify that the organization's computers, telephones and other equipment generally are intended for business-related use with a limited amount of personal use being acceptable.
Prohibit the transmittal or downloading of material that is offensive, pornographic, obscene, profane, discriminatory, harassing, insulting, derogatory or otherwise unlawful.
Prohibit the transmittal or dissemination of the company's confidential information or trade secrets to any outside source.
Explain to employees that all communications and files are subject to employer monitoring and that the employer has access to all such files, even those files that the employee has deleted from the system.
Inform employees that any unauthorized use of the company's information systems can result in discipline, up to and including termination.
Implement any disciplinary action taken pursuant to this policy fairly and consistently to avoid claims of discrimination.
Require all new hires to sign a written acknowledgment that they have read and understand the policy and they agree to abide by its terms as a condition of employment with the company. In addition, it is a good idea to require employees to reaffirm their understanding of the policy at regular intervals.