In the Ontario case I believe one of the key issues had to do with the fact the messages were on a 3rd party carrier and whether the city had the right to go after those messages without a warrant. As I understood the case it all boiled down to whether or not an employer "owned" the messages carried by the 3rd party carrier since they were paying for the service. I believe the courts agreed that they did and thus obtaining the messages and taking action was not a violation of the employee's 4th Amendment rights.
-TS Thomas C. Steele Technology Director Manteno CUSD #5 From: [email protected] [mailto:[email protected]] On Behalf Of Chris Wherley Sent: Friday, July 30, 2010 10:46 AM To: Tech-Geeks Mailing List Subject: Re: [tech-geeks] access to predecessors emails Wouldn't FOIA allow you to get access anyway. On Fri, Jul 30, 2010 at 9:47 AM, Steele, Thomas C <[email protected]<mailto:[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]<mailto:[email protected]> [[email protected]<mailto:[email protected]>] On Behalf Of Bob Morse [[email protected]<mailto:[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]> [mailto:[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]<mailto:[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]> [mailto:[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]<mailto:[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]> [mailto:[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 |
| Subscription info at http://www.tech-geeks.org |
