New Jersey Supreme Court Limits Employer’s Review of Emails Sent Using Company Laptop

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Does an employee have a reasonable expectation of privacy when accessing her personal, web-based email account from a company-owned computer? In Stengart v. Loving Care Agency, Inc., the New Jersey Supreme Court held that an employee could reasonably expect that emails she exchanged with her attorney via her personal Yahoo! Mail account using a company laptop would remain private.1 This case demonstrates that public policy concerns may outweigh an employer’s right to review some email communications sent using company computers, and provides important guidance to U.S. employers for drafting technology use policies.

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