Employer did not violate employee’s privacy by accessing personal laptop

http://ow.ly/6KPNC

An article by Evan Brown on the blog internetcases.com

This article discusses privacy issues related to the case, "Sitton v. Print Direction, Inc., — S.E.2d —, 2011 WL 4469712 (Ga.App. September 28, 2011)"

The case discussed in this article held as followed, "A Georgia court held that an employee using a personal laptop to conduct business for a competitor did not have an invasion of privacy claim when his employer busted him at work using the laptop to send email."

The plaintiff in this matter worked for a printing company, but used his personal computer to broker business to his wife's computer company during the course of his regular employment.  The defendant saw some of the plaintiff's emails about the other business on the plaintiff's personal computers screen and printed them out, without the plaintiff's knowledge.

The article goes on to state, "The appellate court affirmed the trial court’s finding that the boss’s access to plaintiff’s computer did not constitute common law invasion of privacy based upon an intrusion upon plaintiff’s seclusion or solitude, or into his private affairs. The court held that the boss’s activity was “reasonable in light of the situation” because:

• He was acting in order to obtain evidence in connection with an investigation of improper employee behavior,
• The company’s interests were at stake, and
• He had “every reason” to suspect that plaintiff was conducting a competing business on the side, as in fact he was."

The plaintiff ultimately lost his claim that the defendant had violated the Georgia Computer Systems Protection Act, and lost a counter-claim to the defendant for breach of loyalty.

P.S. The court also stated, "“[T]here are some shocks, inconveniences and annoyances which members of society in the nature of things must absorb without the right of redress.”"