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Privilege Protects Emails with Lawyer on Company-Owned Computer
On March 30, 2010, a unanimous Supreme Court of New Jersey released its decision in Stengart v. Loving Care Agency, Inc. (A-16-09), in which the Court considered the extent to which an employee has a reasonable expectation of privacy and confidentiality in personal emails with their lawyer, which are sent and received on a computer belonging to the employee’s employer. The plaintiff, Marina Stengart, used her company-issued laptop to exchange e-mails with her lawyer through her personal, password-protected, web-based e-mail account. She later filed an employment discrimination lawsuit against her employer, Loving Care Agency, Inc., and others. To prepare for and defend the lawsuit, Loving Care hired a computer forensic expert to recover all files stored on Stengart’s old laptop, including the e-mails between Stengart and her lawyer that were automatically saved on the hard drive.
The Court held that under the circumstances, Stengart could reasonably expect that e-mail communications with her lawyer through her personal account would remain private, and that sending and receiving emails using a company laptop did not eliminate the attorney-client privilege that protected them. However, the Court cautioned that companies may adopt and enforce lawful policies relating to computer use, to protect the assets, reputation, and productivity of a business, and to ensure compliance with legitimate corporate policies. Companies may also discipline and/or terminate employees for violating proper workplace rules that are not inconsistent with a clear mandate of public policy.
For a copy of the decision, visit:
http://lawlibrary.rutgers.edu/courts/supreme/a-16-09.opn.html