Tag Archives: computer policies
Privacy on Your Work Computer?
Can we expect any privacy when it comes to personal emails created at work? Perhaps a little. The New Jersey Supreme Court in Stengart v. Loving Care Agency affirmed a lower court opinion last week holding that despite an employer’s corporate computer policies reserving all rights to review employee emails, an employee’s communications with her attorney were protected by the attorney client privilege and, thus, off limits to review by her employer. 2010 WL 1189458 (N.J. March 30, 2010). Marina Stengart used her employer’s laptop computer to communicate with her attorney about an anticipated lawsuit against her employer “through her personal, password-protected, web-based email account.” … [ Continue reading ]
Computer Policies and the 9th Circuit
Last month I posted my article from the National Law Journal, entitled, “Time to Review Computer Policies,” discussing three recent cases, including LVRC Holdings LLC v. Brekka, 81 F.3d 1127, 1131 (9th Cir. 2009). I cited Brekka for the proposition that it is important to delineate the scope of an employee’s permissible access to the company computers. Since then, two new district court decisions from California and Washington have called into question whether such a strategy will work in the 9th Circuit. Both decisions narrow the meaning of exceeding authorized access under the federal Computer Fraud and Abuse Act (“CFAA”) … [ Continue reading ]
