Legal Question in Business Law in California

Email Accessability

Can an employee check a manager's email without their knowledge when they have the same password? All employees and managers were told to change their passwords because they were all starting their ''Outlook'' email accounts

with the same password: P@ssword. They told them it was their responsibility to change it. The manager did not change it. However, the manager and other ''employees'' have been checking ''other'' individuals emails.

The email was not accessed to commit a criminal offense, to set the boss up for a criminal offense or to put a virus in his email. What kind of law would this fall under? Criminal, civil or nothing? Thank you


Asked on 1/30/09, 9:15 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Email Accessability

Accessing someone else's email without permission is a crime in itself, regardless of whether it was done in order to commit another crime. The crime is commonly referred to as computer trespass. Just logging in to the account is a crime; actually looking at any data in the account is a more serious crime, and using that data in certain ways is a still more serious offense.

The manager could bring a civil lawsuit against the offender as well, but might not have much incentive to do so unless he had sensitive information in the account.

The employer would also be more than justified in firing this employee for snooping in his boss's email.

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Answered on 1/30/09, 9:20 pm


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