I might be addressing this in a way other than what you meant, but I think
it's common that content created on business computers is considered the
business' information.  There are many reasons I will bring a personal
device to work (laptop, smart phone, etc.) to use for personal information
purposes.  I never post to the Listserv from a work address.  Work is for
work.  I do communicate with members my professional association from my
work computer at times, but that type of involvement in my profession is
part of job description.

I understand the separation.  It can be an inconvenience, I don't think the
use of company equipment for personal reasons outside of emergency should
ever be an expectation of the employee nor a requirement of the company.

-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On Behalf
Of Carolyn Heald
Sent: Tuesday, April 28, 2009 8:02 AM
To: [log in to unmask]
Subject: 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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of privilege, confidentiality or any other protection is intended by 
virtue of its communication by the internet.  Any unauthorized use, 
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