Ownership of e-Mail Is Not Clear

In the current litigious environment, what happens when an employee sends personal, allegedly confidential communications from work to his or her attorney or spouse? Can the employer lawfully access those e-mails, or do the attorney-client and marital privileges prohibit the employer from doing so? In answering this question, the key inquiry is always whether the employee had a reasonable expectation of privacy in the e-mails at issue.

24 minute read January 29, 2008 at 10:42 AM
By
Elise M. Bloom
Ownership of e-Mail Is Not Clear
'You've got mail.' Three little words that everyone loves to hear. But in today's society, where more time is spent at work or working remotely than anywhere else, one has to wonder: 'Whose mail is it anyway?'

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