Thousands of feds reminded they ‘have no reasonable expectation of privacy’ at work and may be monitored

Agriculture Department employees are facing a new message they must agree to when logging onto their government systems each day: they are potentially being watched, and any unauthorized use could result in discipline or criminal penalties. 

The message began popping up this week, according to three employees who shared its details with Government Executive, and requires employees to “acknowledge” it before they can log onto their government computers. The computer and systems they were about to access was provided for “U.S. Government-authorized use only,” the message reads. 

Activities that could lead to “disciplinary action, as well as civil and criminal penalties” include using personal email for official business, forwarding work emails to personal accounts or taking photos of government information with personal devices or using department equipment to disburse material that is inappropriate, offensive or “of a sexual nature.” 

“You have no reasonable expectation of privacy regarding any communications or data transiting or stored on this information system,” the message read. “At any time, the government may for any lawful government purpose monitor, intercept, search and seize any communication or data transiting or stored on this information system.” 

The “reasonable expectation of privacy” refers to a key precedent on enforcement of the Fourth Amendment of the Constitution, establishing, among other things, when the government can conduct search and seizures. 

By clicking “acknowledge,” according to the new message, employees agree that any informal policies they have heard about that grants them an expectation of privacy, whether written or oral, is void unless it came from the department’s chief information office. The message comes as many supervisors across government have advised employees to send their own personnel documents to their personal accounts to ensure they do not lose access to those materials when layoffs or firings take place. 

Entering the USDA system affirms “legal consent and agreement to the above notice,” the message reads. 

Several agencies in the Trump administration have taken steps to limit employees' ability to communicate about their work: The Homeland Security Department previously said it would use polygraph tests to determine whether any employees were leaking information. The Environmental Protection Agency instructed staff not to initiate any external communications, while the Defense Department put a pause on any social media posts. 

USDA did not respond to a request for comment on why the new message was put in place.