Legal Question in Constitutional Law in Florida

email privacy

this takes place in a graduate school setting. (school does not recieve federal money). I made a complaint about a member administration. The committee that handled the complaint recieved from the member of administration copies of emails that he had recieved from me. These email were handed over without permission from me. I had previously asked for copies of emails by this administration official and was told that email is a private matter and cannot be handed over without the senders permission. What exactly is the law in these kinds of cases? Does someone have the right to hand over my emails to a committe without my permission but refuse to hand over his emails to me? ( I believed his email contained evidence which I was seeking access to).

Since email privacy is generally considered to stem from the fourth ammendment, I assume this could broadly be considered a constitutional issue, though I may be wrong.


Asked on 5/29/08, 10:51 am

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: email privacy

The e-mail issue you raise has nothing to do with the 4th Amendment. Nothing prohibits a person that receives an e-mail from doing whatever he wants to with it absent some agreement limiting his right to do so. Likewise, he is under no obligation to give to you e-mails that you have sent to him.

If there was a law suit, however, he would be required, upon proper request, to produce the evidence he has (as would you as well).

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Answered on 5/29/08, 11:27 am


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