By Tim Wilson
April 05, 2010
In a ruling that could affect enterprises' privacy and security
practices, the New Jersey Supreme Court last week ruled that an employer
can not read email messages sent via a third-party email service
provider -- even if the emails are accessed during work hours from a
According to news reports, the ruling upheld the sanctity of
attorney-client privilege in electronic communications between a lawyer
and a nursing manager at the Loving Care Agency.
After the manager quit and filed a discrimination and harassment lawsuit
against the Bergen County home health care company in 2008, Loving Care
retrieved the messages from the computer's hard drive and used them in
preparing its defense.
The court found the company's policy regarding email use to be vague,
noting it allows "occasional personal use."
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