I'd need to read the entire ruling to see how the writer drew the BYOD connection. This was a case where the employer reclaimed the employer's device and used it improperly to read the former employee's email. In general, using an employee's personal password to access and read personal email without the employee's knowledge is generally not permissible. That said, there is a fuzzy grey area when it comes to forensic artifacts left on the hard drive when the employee uses webmail. That, however, is different than simply turning on a cell phone or computer and reading whatever email is downloaded to the device.
BYOD is a separate matter and a much more complex matter on any number of levels. An employer's ability to examine a BYOD device is generally limited, regardless of agreements signed by the employee. From an investigative standpoint, it becomes very hard to enforce appropriate use policies and that has an impact on harassment and hostile workplace matters. But that is not generally a Stored Communications Act issue.
The manager was in the wrong, IMO, no matter how you slice it.That said, I am not an attorney and this is not legal advice.
Patrick Cunningham, CIP, FAI
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"Perpetual optimism is a force multiplier."
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________________________________
From: PeterK <[log in to unmask]>
To: [log in to unmask]
Sent: Tuesday, July 9, 2013 12:29 PM
Subject: [RM] Court Ruling Impacts BYOD
Court Ruling Impacts BYOD
What happens to an employee’s expectation of privacy regarding her personal
e-mails on her company-issued Blackberry after she leaves the company?
If a recent ruling by the U.S. District Court for the Northern District of
Ohio stands up to further scrutiny, the answer could be that a former
employee has greater expectations of privacy after her departure than while
she was still employed.
In *Lazette v. Kulmatycki*<http://scholar.google.com/scholar_case?case=1620452354671290461&hl=en&as_sdt=2&as_vis=1&oi=scholarr>,
Sandi Lazette alleged that her former employer, Verizon, through her
ex-supervisor, Chris Kulmatycki, read some 48,000 of Lazette’s personal
Gmail e-mails<http://www.shrm.org/LegalIssues/FederalResources/Pages/Supervisor-personal-e-mail.aspx>in
the 18 months following her departure from the company.
http://bit.ly/14GHEWU
Source:
https://www.privacyassociation.org/privacy_tracker/post/court_ruling_impacts_byod
See if people are clicking on this link: http://bit.ly/14GHEWU+
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