I would tread carefully on this issue. I believe the privacy of an employee's email has been challanged recently in several court cases and is due to be heard by the supreme court on the grounds of a reasonable right to privacy... I'm by no means an expert but from what I've been reading the rules are changing on email and text messages...
________________________________ From: [email protected] on behalf of Steele, Thomas C Sent: Wed 7/28/2010 9:16 AM To: Tech-Geeks Mailing List Subject: Re: [tech-geeks] access to predecessors emails As I recall e-mail on an employer's server using an employer's mail account is considered the property of the employer and has no expectation of individual privacy - that is just from a labor law standpoint. Since you are also talking about a public entity using publically funded equipment this is also subject to sunshine laws so ANYONE could request the e-mails (though I would imagine your attorney would require some things to be redacted). Personally I have no problem with going through an former employees e-mails, folders, etc though only at the request of an administrator. However we also have wording in the AUP which is mandatory to be signed by all employees as well as a legal disclaimer that pops up every time someone logs on. -TS Thomas C. Steele Technology Director Manteno CUSD #5 From: [email protected] [mailto:[email protected]] On Behalf Of Bob Morse Sent: Wednesday, July 28, 2010 8:44 AM To: 'Tech-Geeks Mailing List' Subject: [tech-geeks] access to predecessors emails I have a issue in which I have a business manager who left and has been replaced with a new one. The new business manager has asked to have access to all of the old business managers emails. Is this a normal process in your district? Do you get this request a lot? This is my first time ever that I have received a request like this, so as you can imagine, have some questions, issues with it. It is legal? Our AUP does mention " Students and staff members have no expectation of privacy in any material that is stored, transmitted, or received via the District's electronic network or District computers" and "Electronic communications and downloaded material, including files deleted from a user's account but not erased, may be monitored or read by school officials". I wonder if these statements in the AUP are sufficient or should I check with legal to "ensure" we are safe to do this? Normally we just kill the pst file of the old person and of course, this has been done in this instance. I do have our archives supplied to us by the LTC should I have to rebuild all of the old business managers emails (argh!!!). Bob Morse E-Rate Coordinator Technology Specialist Community Consolidated Schools District 168 708-758-1610 ext. 124 Skype: bmorse68
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