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N.J. Supreme Court Rules Employers Can't Always Read Personal Email




N.J. Supreme Court Rules Employers Can't Always Read Personal Email
N.J. Supreme Court Rules Employers Can't Always Read Personal Email



http://www.darkreading.com/insiderthreat/security/privacy/showArticle.jhtml?articleID=224201355 

By Tim Wilson
DarkReading
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 
company PC.

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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