As was pointed out elsewhere you really need to check with an attorney in the applicable state (sounds like Maryland in this case).
Generally speaking I believe the key phrase is "expectation of privacy." Merely saying that the e-mail is for business use only is probably not going to be sufficient unless it also says that the company reserves the right to review it at any time. The company might argue "it's our property; enforcement of policy, etc." but if the court decides that the employee had a reasonable expectation of privacy the company will probably lose. The company should clearly state in their employment manual that the e-mail may be subject to review AND have each employee initial that specific page (if not that passage) indicating that they have read and understand it. Ideally, anyhow. Since you were just curious for opinions and not actually planning to offer them legal advice... Speaking of which, here's the disclaimer: I am not an attorney and this is not legal advice; just my educated opinion. No attorney-client relationship has been established between anybody and Damon Key by means of this conversation; it's just a bunch of geeks (or nerds, if you prefer) trading opinions. I only work for attorneys, don't hold that against me. -Ben- Ben M. Schorr, MVP-Outlook, CNA, MCPx3 Director of Information Services Damon Key Leong Kupchak Hastert http://www.hawaiilawyer.com > -----Original Message----- > From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] > Sent: Tuesday, January 15, 2002 6:41 AM > To: Exchange Discussions > Subject: Legal Question....... > > > All, > > I have pretty much been lurking on this list for awhile now. > I really respect the Technical opinions that most have > offered, Not to mention, the biting sarcasm keeps me in fits > of laughter. > > That Said, I have a client that has asked me a question that > I don't Have the legal expertise to answer, and was curious if > > 1. Any of you have dealt with a similar experience and > 2. Could point me to a specific, reference in writing. > > I was recently approached by my client to get access to one > of their employees email. I told them to hold off, I would > have to check if I was legally able to do that for them. The > equipment is owned by my client. There is Policy in the > employee handbook states that Email is for business use only. > My client has reason to believe an employee is sending > corporate information, (vendor lists and pricing) Offsite to > someone outside their company. My client and I both reside in > the U.S., in the state of Maryland. Does anyone know what the > legal ramifications of viewing/reviewing an employees email are? > > _________________________________________________________________ > List posting FAQ: http://www.swinc.com/resource/exch_faq.htm > Archives: http://www.swynk.com/sitesearch/search.asp > To unsubscribe: mailto:[EMAIL PROTECTED] > Exchange List admin: [EMAIL PROTECTED] > _________________________________________________________________ List posting FAQ: http://www.swinc.com/resource/exch_faq.htm Archives: http://www.swynk.com/sitesearch/search.asp To unsubscribe: mailto:[EMAIL PROTECTED] Exchange List admin: [EMAIL PROTECTED]
