Privacy of Employes Who Use Company Computer to Access Personal Email
In the case Marina Stengart v. Loving Care Agency the company issued a laptop computer to an employee, who used it to access a password protected personal e-mail account. Ms Stengart communicated with her attorney regarding a pending action against Loving Care using accessing a personal e-mail account via her company issued laptop. The Superior Court of New Jersey, Appellate Division ruled that email between Ms. Stengart and her attorney must be returned. The court allowed other communications to be retained by Loving Care. The court based its ruling on the importance of client attorney confidentiality. A electronic image of the contents of the hard drive of the laptop returned to the company by Ms. Stengart allowed the company to gain access to her person communication that was accessed. Workplace privacy in an age where companies issue portable digital devices that can record information on or about the user is creating new areas for developing the line between employer and employee rights. Other employee v. employer based cases have resulted in victories for employees regarding the privacy of communications even when they are received or sent on company issued devices.
Employers have rights in regards to personal e-mail, J. Daniel Marr, Nashua Telegraph, September 2, 2009
