Technology as of today has evolved in a never ending labyrinth of electronic information being shared by everybody in different places through different channels. Facebook, Twitter, e-mail accounts, text messages through e-mails, etc are all part of a society that is in constant stay of electronic association. Now, how does our privacy has gotten affected by all these technological developments, what precedents had been establish when it comes to the use of technology in the workplace and privacy? Are we liable for the use of personal e-mails in the workplace? Should e-mail be considered analogous to mail and telephone conversations? Many more questions come up when technology and privacy in the workplace are at the center of the debate and some of them will be address in this paper.
Intrusion by Seclusion means that the right to privacy is invaded by the unreasonable intrusion upon the seclusion of another. This is based on the Restatement, Second of Torts 652A.

According to Rich (1995): “One must ask whether the law protecting the right to privacy has evolved with the new technologies to ensure the vitality of the Fourth Amendment.” It is important to notice that the Supreme Court has defined privacy as the right of the individual to control the dissemination of information about oneself (Rich, 1995, p. 1). Rich (1995) continues to explain:
Privacy as guaranteed by the U.S. Cosntitution differs in two significant ways from privacy protected by tort law: (1) the types of acts constituting an invasion of privacy are very different, and (2) the type of protection provided to individuals – constitutional privacy protects against governmental intrusion while tort law primarily protects against invasion by private parties. Fourth Amendment privacy right only apply in those situations where the government is the primary actor. (p. 1)
So far it has been understood that the Fourth Amendment can not be used in private settings and it applies only to governmental entities. Numerous cases had been in the Supreme Court due to the clash of technology and privacy and it seems that these decisions have weakened and possible practically eliminated, an employee’s right to privacy in the computerized workplace. (Rich, 1995, p. 2) The Electronic Communications Privacy Act of 1986 (ECPA) came about because the Federal wiretap statute failed to provide sufficient protection for modern computer transmission technologies (Rich, 1995, p. 2). Even though this statute help, it did not protect against e-mail surveillance, only cell phones were included. Then in 1993 the Consumers and Workers Act was enacted protecting employees while not banning electronic monitoring. The law specifically says that the employee has the right to know and must be given notice while they are being monitored or recorded electronically by the employer on their job.

Many employers have technological access to employee information