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Dołączył: 13 Maj 2011
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Wysłany: Pon 3:15, 16 Maj 2011 Temat postu: Tiffany Necklaces8Employees May Have Privacy Right |
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ina Stengart v. Loving Care Agency, Inc. is a workplace seclusion circumstance that was judged on June 26, 2009. Marina Stengart worked as an Executive Director of Nursing by Loving Care Agency, Inc. Loving Care provided Stengart with a company computer and an email residence to accomplish her work duties. Loving Care had an electronic communications plan which stated that emails, internet use and computer files are thought the company’s property and “are not to be considered private or personal to whichever individual worker.” The policy also stated that the company had “the right to review, inspect, intercept Tiffany Necklaces, access, and disclose all matters on the company’s media systems and services at any time, with or without placard.”
Stengart used her company computer to email her attorneys almost filing a sexism lawsuit against Loving Care. But, Stengart did not use her company email address. She emailed her attorneys with her personal, password protected Yahoo email account while using her company computer. Stengart resigned from her employment and sued Loving Care for discrimination. Loving Care then searched Stengart’s company computer and, pursuant to its electronic communications policy, read the emails Stengart exchanged with her attorneys. Stengart inflamed along Loving Care’s reading of her personal emails, queried the Court to decide if Loving Care had the right under its electronic communications policy to read emails she sent to her attorneys through her personal email list on her company computer.
The Stengart Court rejected the concept namely an employee’s private emails convert corporation property simply because the company owns the computer, claiming that a enterprise microcomputer in this setting namely mini extra than a document cabinet: "Property rights are not less angry while one employer examines documents stored on a computer for when one employer rifles via a direcotry involving an employee’s personal papers or reaches in and examines the contents of an employee’s pockets; absolutely, even when a legitimate commerce purpose could advocate such a quest, we can envision not valid precept of attribute decree that would become the employer’s amuse in determining what namely in those places with a right to own the contents of the employee’s folder of personal papers or the contents of his pocket." The Court ruled opposition Loving Care, concluding that an boss cannot “transform always personal communications into company attribute -- but because the company owned the computer secondhand to make the personal communications or secondhand to way such personal information during work hours.”
Marina Stengart asked the Court if her employer had the right to outlook her personal emails. Bonnie Van Alstyne took the workplace privacy notion a step beyond when she sued her former employer for accessing her personal emails. Bonnie Van Alstyne worked as a Vice President at Electronic Scriptorium Limited, a small data conversion company owned and manipulated by Edward Leonard. Van Alstyne had a company email account, merely she occasionally used her personal AOL email account to behaviour business. Van Alstyne’s employment was terminated and she filed a sexual persecution lawsuit against the company. During the finding process, Van Alstyne learned that Edward Leonard accessed her personal email account both during and after her employment. Leonard produced 258 emails he had printed from Van Alstyne’s personal email account.
Van Alstyne filed a divide lawsuit against Leonard, Bonnie Van Alstyne v. Electronic Scriptorium Limited, et al. Her lawsuit alleged that Leonard violated the Stored Communications Act when he accessed her personal email account and viewed her emails. The Stored Communications Act creates murderer and civil obligation for any individual who “intentionally accesses without authority a facility through which an electronic communication service is provided” or “intentionally exceeds an authorization to access that facility” and “obtains, alters, or prevents authorized access to a w
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