![]() The employer had a vague and conflicting policy regarding email. For instance, the policy plainly stated that the employer had the right to review “all matters on.The court noted that although the employee used a company computer to access Yahoo mail, she did not store her Yahoo ID and password on the computer, bolstering her expectation that her emails would be kept confidential. The employee sent the emails by logging onto her own Yahoo mail account, using her own private ID and password.In Stengart, the facts supporting the employee’s privacy right in her emails were: Indeed, the Stengart court cautioned that whether an employee has a reasonable expectation of privacy with respect to personal emails sent over a work computer depends upon the facts and “must be addressed on a case-by-case basis.” Each Email Privacy Case Will Be Different The emails at issue concerned a discrimination suit against the employer that the attorneys ultimately filed on the employee’s behalf.Īlthough the decision was praised for shedding some clarity on a developing area of law, it is important to remember that the privacy protection established in Stengart only extends to emails sent under very limited, very specific circumstances. ![]() Loving Care Agency, Inc., the New Jersey Supreme Court ruled that a former employee had a reasonable expectation of privacy in emails she sent to her attorneys over an employer-owned laptop, but using her own personal, password-protected online email account. In New Jersey, the law governing employee privacy for emails sent through online services such as Gmail and Yahoo has changed somewhat, offering employees a small degree of protection for these communications. But what about personal emails sent from the company’s computer using an online, password-protected email account? Does the company have a right to read and review those emails? Company Computer Policy: Private, Password-Protected, Personal Accounts Such policies are fairly straightforward when it comes to personal emails sent not only on the company’s computer, but through the company’s corporate email account (i.e. Sometimes these policies go so far as to state that all email communications made by an employee from an employer-owned computer are considered the property of the employer, and therefore are searchable by the employer. Due to the prevalence of email communications, most employers have an express policy limiting, or outright prohibiting, the use of company computers for personal emails. Our online age has made matters of employee privacy vastly more complicated, to say the least.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |