Gone but Not Forgotten: When Privacy, Policy and Privilege Collide

http://ow.ly/6q7eu

An article by Louise L. Hill published by the Northwestern Journal of Technology and Intellectual Property.

This article touches on whether employees in a workplace can assert confidentiality over personal e-mails sent and received from workplace computers and e-mail accounts. The author discusses communications between employees and their personal attorneys , and if they are are protected by the attorney-client privilege.

The detailed law review style article notes that most businesses have written policies regarding internet use and electronic communications.   Many corporations do allow some limited personal use of email and the Internet, however policies and practices are inconsistent. As the author points out, the law in this area remains unsettled.

The article states as follows,  “jurisdictions are divided about whether employees give up the protection of attorney-client privilege when they use a company-issued computer to send or receive e-mails. Distinguishing factors, such as the type of e-mail system used, the company policy that is in place, and notice and enforcement of the policy, are among the things considered when the courts evaluate the issue.”

Is there really an expectation of privacy anymore in a U.S. based workplace, for anyone communicating via corporate email systems?  The article addresses this issue and provides ample case law examples to help illustrate different legal interpretations.

The article also discusses the attorneys use of emails, and whether or not communications with counsel will remain confidential.