David Canton writes: When a government employee uses his or her workplace e-mail address to send and receive personal e-mails unrelated to their work, are those e-mails subject to disclosure to members of the public who request them under freedom of information legislation? Despite that these e-mails are generated on government computers, stored on government…
Category: Workplace
Post details: CA3: Drug testing of a mere “weed-wacker” in a highly regulated industry was still valid
John Wesley Hall of FourthAmendment.com does not agree with the court’s decision in Mollo v. Passaic Valley Sewerage Comm’rs. From the unpublished opinion: Here, PVSC demonstrated that Mollo was aware of the safety concerns inherent in work at its treatment plant and, as an entity, PVSC clearly satisfies PBA Local 304‘s alternative criterion of a “long tradition…
Access to Personal E-mails Enough for Statutory Damages under Federal Stored Communications Act . . . Even With No Actual Damages
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…
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,…