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While I agree with the sentiment that employees should have no expectation of privacy for materials stored on corporate assets (my employer's policy as well), a recent Cailfornia case did not agree.

A 2008 case, Quon v. Arch Wireless, from the Ninth Circuit Cout of Appeals, found that an employer who reviewed an employees pager messages to see if they were business or personal unlawfully violated the emmployee's privacy.
 Doug Smith
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Washington, D.C.
202-719-4455 




________________________________
From: Carolyn Heald <[log in to unmask]>
To: [log in to unmask]
Sent: Tuesday, April 28, 2009 9:02:15 AM
Subject: [RM] Personal records at work

Ontario's Information and Privacy Commissioner recently ruled that an 
employee's personal email about the employee's volunteer activities is 
considered to be in the custody and control of the institution if it 
resides on the institution's servers, and is therefore subject to access 
to information legislation, even if it has nothing to do with the business 
of the institution.  In this particular instance which concerns a 
municipality, the city's computer policy permits its employees to use the 
email system for such activities.  Further, under its records retention 
schedule, such records are considered transitory.

I find this ruling quite disturbing, so I'd like to know if this issue has 
come up in other jurisdictions and how it been resolved.  Thanks.

The order can be found here: 
http://www.ipc.on.ca/images/Findings/MO-2408.pdf

Carolyn Heald | Director, Records and Information Management | Information 
and Privacy Office | York University | 4700 Keele Street, N945 Ross | 
Toronto, ON  M3J 1P3 | 416 736-2100, ext 20398 
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