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NJ: Reasonable expectation of privacy in personal e-mail on company computer

By John Wesley Hall, Jr.

In a civil case, a private company's employee who used the company computer to exchange e-mails with her attorney had a reasonable expectation of privacy in the e-mail. The e-mails were gathered as a part of defending a civil case when the company e-mail was reviewed. Stengart v. Loving Care Agency, Inc., 2010 N.J. LEXIS 241 (March 30, 2010): Applying the above considerations to the facts before us, we find that Stengart had a reasonable expectation of privacy in the e-mails she exchanged with her attorney on Loving Care's laptop. Stengart plainly took steps to protect the privacy of those e-mails and shield them from her employer. She used a personal, password-protected e-mail account instead of her company e-mail address and did not save the account's password on her computer...continue to full post

Full post as published by Fourth Amendment on April 01, 2010 (boomark / email).