A difficult situation can arise when church staff members misuse electronic devices provided by the church.
Consider this real-world scenario:
Case:
Pastor Corey, a youth pastor, was overheard by a secretary having a “romantic” phone conversation with a woman who was not his wife.
The senior pastor, upon learning this, accessed Pastor Corey’s work computer and discovered incriminating emails and downloaded pornography.
The church board voted to dismiss Pastor Corey.
When informed, he claimed his privacy rights had been violated.
This situation raises critical questions for churches:
- Do churches have the right to access employee computers and telephone calls?
- What are the risks if they do?
The Reality of the “Electronic Workplace”
Many youth pastors work in an electronic environment, using church-provided:
- Computers (often with internet access)
- Cell phones
This raises important privacy issues.
Can senior pastors or staff access a youth pastor’s church-provided computer or telephone without notice or consent?
Let’s look at two real-world examples:
Example 1: Unauthorized Computer Access
- Pastor Dave, a youth pastor, leaves for vacation.
- The senior pastor, looking for a letter, accesses Pastor Dave’s computer and finds pornographic images.
- The board terminates Pastor Dave’s employment.
- Pastor Dave claims his privacy rights were violated by the unauthorized search.
Example 2: Overhearing a Phone Call
- Pastor Scott, a youth pastor, is overheard on a church telephone by a secretary.
- The secretary hears him engaged in a “romantic” conversation with someone other than his wife.
- Pastor Scott admits the conversation occurred but claims his privacy was violated.
What Privacy Rights Exist?
Can a church dismiss an employee for what they discover on a church-provided device or phone?
The answer lies in several important federal laws—and how carefully the church operates within them.
The Electronic Communications Privacy Act (Wiretap Act)
The Wiretap Act prohibits the intentional interception of:
- Wire communications (like telephone calls)
- Oral or electronic communications
However, there’s an important “business extension” exemption.
Churches may legally intercept calls if:
- The telephone equipment was provided by a communications provider or properly connected.
- The device was used in the ordinary course of business.
Why “Ordinary Course of Business” Matters
- If the call is business-related, monitoring may be legal.
- If the call is personal, monitoring is probably not legal.
Key Problem for Churches:
Most churches allow occasional personal calls, even when policies discourage them.
If personal calls are allowed, claiming calls are always “business” becomes much harder.
Bottom line:
If a church staff member picks up a phone and hears a personal call, they must immediately hang up.
Continuing to listen could expose both the individual—and the church—to criminal and civil liability.
How Courts Have Interpreted the Wiretap Act
Court Example 1: Listening to a Personal Call
- A supervisor overheard an employee discussing a job interview.
- The court ruled the monitoring violated the Wiretap Act.
- Employers must stop listening as soon as they realize a call is personal.
Court Example 2: Recording Employee Phone Calls
- A business owner recorded 22 hours of an employee’s calls to catch theft.
- The court ruled this exceeded the “ordinary course of business.”
- Even if suspicions are legitimate, over-monitoring violates employee privacy rights.
Consent: A Key Defense for Churches
The Wiretap Act allows interception of communications with employee consent.
Churches can protect themselves by:
- Adopting a written policy informing employees that calls may be monitored.
- Explaining the policy to new hires.
- Obtaining signed consent from employees.
- Posting reminders on phone directories and telephones.
Important:
For current employees, a consent policy may not bind unless they receive something of value (like a raise) in exchange for agreeing.
Consult a local attorney for proper implementation.
The Stored Communications Act
The Stored Communications Act prohibits unauthorized access to:
- Electronic communications while in storage (such as email stored on external servers like Hotmail).
Key Point for Churches:
Accessing emails stored locally (on a church computer) typically does not violate the Act.
However, accessing an employee’s personal email account without consent could violate the Act—and may also trigger invasion of privacy claims.
Best practice:
Consult an attorney before accessing employee emails.
Don’t Forget About State Privacy Laws
Many states have their own electronic privacy laws that:
- Prohibit or limit monitoring calls or accessing electronic communications.
- May impose stricter rules than federal law.
Church leaders must check both state and federal laws before monitoring employees.
Invasion of Privacy: Another Legal Risk
Invasion of privacy is a separate legal concept from the Wiretap or Stored Communications Acts.
It occurs when:
- Someone intrudes on private matters.
- The intrusion is highly offensive to a reasonable person.
Examples of intrusion:
- Eavesdropping on private calls
- Searching private emails
- Accessing private files (such as bank statements or personal mail)
Even if no federal or state law is technically broken, churches could still be sued for invasion of privacy.
Final Takeaways for Church Leaders
Before accessing an employee’s phone calls, computer files, or emails:
- Ensure you have legal justification.
- Obtain employee consent in writing whenever possible.
- Hang up immediately if you overhear a personal conversation.
- Consult legal counsel before taking any action that could expose the church to liability.
Navigating employee privacy issues carefully will protect your church—and ensure that any discipline taken is both fair and legally sound.
