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as of 2013-02-13 06:04 AM
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Most employees just accept the truth that their employer can access any content that's on a company computer, such as employees personal emails and other personal information. But, is that the law? A growing wide range of courts are recognizing that employees have some expectation of privacy with respect for their personal content on organization computers. Some recent decisions have held that employers do not own and cannot access their employees personal emails not even if those emails were sent on a business computer.
Marina Stengart v. Loving Care Agency, Inc. can be a workplace privacy case that was decided on June 26, 2009. Marina Stengart worked as an Executive Director of Nursing at Loving Care Agency, Inc. Loving Care provided Stengart with a company computer and an email address to complete her work duties. Loving Care had an electronic communications policy Which stated that emails, Net use and computer files are considered the companys property and aren't to be considered private or personal to any individual employee. The policy also stated that the company had the proper to review, audit, intercept, access, and disclose all matters around the companys media systems and services at any time, with other or with no notice.
Stengart employed her company computer to email her attorneys about filing a discrimination lawsuit against Loving Care. But, Stengart did not use her enterprise email address. She emailed her attorneys with other her personal, password protected Yahoo email account whilst using her company computer. Stengart resigned from one her employment and sued Loving Care for discrimination. Loving Care then searched Stengarts organization computer and, pursuant to its electronic communications policy, read the emails Stengart exchanged along with other her attorneys. Stengart angered by Loving Cares reading of her personal emails, asked the Court to decide if Loving Care had the correct under its electronic communications policy to read emails she sent to her attorneys by means of her personal email account on her business computer.
The Stengart Court rejected the notion that an employees personal emails turn out to be company property simply simply because the organization owns the computer, claiming that a enterprise computer in this setting is small much more compared to a file cabinet: "Property rights seem to be no less offended when an employer examines documents stored on a computer as when an employer rifles through a folder containing an employees private papers or reaches in and examines the contents of an employees pockets; indeed, even if a legitimate company purpose could support such a search, we can imagine no valid precept of property law that would convert the employers interest in determining what exactly is in those areas with a right to own the contents of the employees folder of private papers or the contents of his pocket." The Court ruled against Loving Care, concluding that an employer cannot transform all private communications into business property -- merely simply because the business owned the computer utilized to create the private communications or employed to access such private Information during work hours.
Marina Stengart asked the Court if her employer had the proper to view her personal emails. Bonnie Van Alstyne took the workplace privacy notion a step further when she sued her former employer for accessing her personal emails. Bonnie Van Alstyne worked as a Vice President at Electronic Scriptorium Limited, a little data conversion company owned and operated by Edward Leonard. Van Alstyne had a business email account, but she occasionally employed her personal AOL email account to conduct business. Van Alstynes employment was terminated and she filed a sexual harassment lawsuit against the company. throughout the discovery process, Van Alstyne learned that Edward Leonard accessed her personal email account both during and after her employment. Leonard produced 258 emails he had printed from Van Alstynes personal email account.
Van Alstyne filed a separate lawsuit against Leonard, Bonnie Van Alstyne v. Electronic Scriptorium Limited, et al. Her lawsuit alleged that Leonard violated the Stored Communications Act when he accessed her personal email account and viewed her emails. The Stored Communications Act creates criminal and civil liability for a individual who intentionally accesses with no authorization a facility by way of Which an electronic communication service is provided or intentionally exceeds an authorization to access that facility and obtains, alters, or prevents authorized use of a wire or electronic communication whilst It is in electronic storage in such system. In other words, the Stored Communication Act prohibits an individual from, among other things, intentionally accessing other peoples stored emails, voicemails, text messages, etc. with no permission. A jury located that Leonard violated the Stored Communications Act and awarded Van Alstyne $250,000 in compensatory and punitive damages and much more than $136,000 in attorneys fees and costs.
The law is changing. Courts are recognizing that employees take a right to privacy in their personal emails even when those emails seem to be sent on organization computers as well as when company policy says otherwise. But, both Marina Stengarts and Bonnie Van Alstynes employers read their personal emails And also this gave their employers valuable defensive Info and severely prejudiced Stengart and Van Alstyne in their pending lawsuits. A lawsuit cannot unring that bell. And, Stengart and Van Alstyne were forced into lengthy, pricey legal battles to enforce their privacy rights. It's encouraging that courts are recognizing employee privacy rights and giving employees remedies when those rights are violated. However, the ultimate course of action is always to keep your personal email and your enterprise computer separate thereby eliminating any possibility that your employer will view your own emails.
Kindle Fire, Full Color 7" Multi-touch Display, Wi-Fi Reviews
Kindle Fire, Full Color 7" Multi-touch Display, Wi-Fi:Computer
