Larry

You might also want to consider this NY Times article from last week end to see a comparison between US and European perspectives.

  http://www.nytimes.com/2010/02/28/weekinreview/28liptak.html?partner=rss&emc=rss


David B. Gaynon
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Huntington Beach CA, USA

-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On Behalf Of Larry Medina
Sent: Tuesday, March 02, 2010 11:14 AM
To: [log in to unmask]
Subject: RAINdrip: Legal opinion on Whose e-mail is it anyway

Excellent overview of 9 landmark cases regarding rights to privacy with email in employee/employer settings 

http://bit.ly/bheu08

According to this article:

Courts generally use a four-factor test (or some derivative thereof) to make this determination:

Is there a company policy banning personal use of company e-mail?
Does the company monitor the use of its e-mail?
Does the company have access to all e-mails?
Did the company notify the employee about these policies?

Larry
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