Wouldn't FOIA allow you to get access anyway. On Fri, Jul 30, 2010 at 9:47 AM, Steele, Thomas C <[email protected]>wrote:
> I believe this was referring to the Ontario, California case that the > Supreme Court recently ruled on *in favor* of the employer with regard to > personal text messages. Here is the actual case... > > http://www.supremecourt.gov/opinions/09pdf/08-1332.pdf > > -TS > ________________________________ > From: [email protected] [[email protected]] > On Behalf Of Bob Morse [[email protected]] > Sent: Friday, July 30, 2010 9:15 AM > To: 'Tech-Geeks Mailing List' > Subject: Re: [tech-geeks] access to predecessors emails > > Do you remember where you read this? I would love to find this article? > > Bob > > From: [email protected] [mailto: > [email protected]] On Behalf Of Jeremy Rodebaugh > Sent: Wednesday, July 28, 2010 1:33 PM > To: Tech-Geeks Mailing List > Subject: Re: [tech-geeks] access to predecessors emails > > That is all correct, but there was a big Supreme Court case just decided in > June that involved a California Police Officer... I'm not a legal expert by > any means but from my understanding the findings were a fundamental shift in > Public Employee Privacy Rights providing that public employees do have a > reasonable expectation of privacy on government owned equipment... I'm just > saying I would tread very carefully on this issue from a technology > directors stand point... I think CYA is very appropriate here... > > ________________________________ > From: [email protected] on behalf of Steele, Thomas C > Sent: Wed 7/28/2010 11:41 AM > To: Tech-Geeks Mailing List > Subject: Re: [tech-geeks] access to predecessors emails > The courts have been pretty consistent with regard to employer-owned mail > systems, especially when there are published policies and other mechanisms > alerting employees to the fact that there is no expectation of privacy. The > gray areas seem to result from the use of private e-mail accounts (like > gmail or yahoo) on employer owned computers and the fact that there is some > expectation of privacy of those e-mails. > > Again, in the case of public/government owned systems there is no > expectation whatsoever as decided in United States vs. Monroe. > > Monroe confirms that government employees using government computers have > no expectation of privacy with regard to their e-mails and any information > stored on government-provided resources. The Fourth Amendment then does not > protect a government employee until law enforcement authorities decide to > extend the scope of the search beyond the information seized from the > central computer system or the personal workstation. (source > http://grove.ufl.edu/~techlaw/vol8/issue2/guirguis.html) > > Of course if you can get the supt to take the heat that is always the safer > way! :) > > Thomas C. Steele > Technology Director > Manteno CUSD #5 > > From: [email protected] [mailto: > [email protected]] On Behalf Of Jeremy Rodebaugh > Sent: Wednesday, July 28, 2010 10:05 AM > To: Tech-Geeks Mailing List > Subject: Re: [tech-geeks] access to predecessors emails > > 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 > > | Subscription info at http://www.tech-geeks.org | >
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