Exactly..... Did you notice the "has the right but not the duty" portion of my phrase? Entirely due to the litigiousness of the society. You don't want to be sued because one employee is harassing another via email and you _don't_ have a sniffed record of it. So you state that you can do it but that you don't ever have to do it if you don't want to. When they come back with their legal beagle saying "why don't you have records since you monitor?" you can point to the phrase and say "we weren't doing it that day".... ;)
are forced onto the Employer due the litigious nature of society.