Joseph Lazzarotti writes: Employers need to exercise care when accessing employees’ e-mails, particularly e-mails on personal e-mail accounts. In Pure Power Boot Camp Inc. v. Warrior Fitness Boot Camp LLC, a non-compete case that turned into a case about the privacy of stored e-mails and violations of the federal Stored Communications Act (SCA), the court held: SCA…
Category: Workplace
Is There a Right of Informational Privacy? Supreme Court Avoids the Issue in NASA Opinion
Debra Cassens Weiss discusses today’s Supreme Court opinion in NASA v. Nelson with a focus on the court’s statements about whether there is a constitutional right to information privacy: “We assume, without deciding, that the Constitution protects a privacy right of the sort” mentioned in two 1977 Supreme Court decisions, Alito wrote. “We hold, however,…
SCOTUS: Employee background checks do not violate right to informational privacy – NASA v. Nelson
The Supreme Court has issued its opinion in National Aeronautics and Space Administration v. Nelson, a workplace privacy case involving background checks (previous coverage). Employees had argued that forms used by NASA violated their constitutional right to informational privacy. The court found for the government, holding that the background check questions at issue were reasonable…
Work E-Mail Not Protected by Attorney-Client Privilege, Court Says
David Kravets writes: E-mails between a client and attorney are no longer considered privileged and confidential if the client writes the messages from a work e-mail account, a California court of appeals has ruled. The 3-0 decision Thursday by the Sacramento Third Appellate District means that if you intend to sue your employer, don’t discuss the suit…