NJ Supreme Court Hampers Corporate Email Surveillance

Friday, April 02, 2010 No Comments

NJ Supreme Court Hampers Corporate Email Surveillance - We found this VERY IMPORTANT article that every business owner, big or small, should read!! Remember, with a tool like The Office Software (theOS) you won’t need forensic software. Furthermore, it’s easy to tell your employees that the tool is in place, and we’ve even made it so the employee can contribute to their own monitoring – with the Activity Vault.

We’ve put the start of the article below – but READ IT ALL! We’ll make sure to put the follow-up next week on here too!

NJ Supreme Court hampers corporate email surveillance
Posted by Jon Hyman on April 1, 2010

Employers generally think that they own and control all data that passes through their computer networks, whether work-related or personal to an employee. Earlier this week, in Stengart v. Loving Care Agency [pdf], the New Jersey Supreme Court issued a landmark decision that should concern all businesses, and could greatly inhibit employers’ ability to monitor how employees use workplace technology for personal reasons.

Consider the following facts. You issue a manager a company-owned laptop. The employee – who is not technologically savvy – does not realize that the Internet browser automatically saves on the hard drive a copy of each web page viewed. During her employment, the employee uses the computer to contact her attorney using her personal, web-based, password protected Yahoo email account. She did not save her private login or password on the computer. After she quit and returned the laptop, she sues for discrimination. You are able to extract, via a computer forensic expert, the emails she sent to her attorney. When you turn over in discovery copies of those emails, it hits the fan… Read more ›

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