Legal Question in Technology Law in California

Boss viewing my e-mails & chat logs

WITHOUT MY PERMISSION OR CONSENT! My immediate supervisor worked on my computer, then entered into my e-mail (not sure how she got my passowrd), and then viewed my personal CHAT logs and e-mails that I sent. I AM FURIOUS! Is her actions illegal?


Asked on 4/09/09, 2:52 pm

5 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Boss viewing my e-mails & chat logs

Why do you have personal chat logs and emails on your work computer if you don't want your supervisor to read them?

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Answered on 4/09/09, 3:01 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Boss viewing my e-mails & chat logs

The answer will depend upon many factors, including whether the computer belongs to you or your employer and whether your company has a policy about personal computer use in the workplace. Without this information, there is no way to answer your question.

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Answered on 4/09/09, 3:18 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Boss viewing my e-mails & chat logs

I'd say if the computer and/or the network to which it may be connected are owned by the employer, you lack a sufficient "expectation of privacy" to have a legal case, although I'm inclined to think mistakes were made on both sides here. You should not be doing personal stuff on a business machine, whether it is a computer or a lathe, but the supervisor was not exercising good judgment either. Further, if you were doing any of this personal stuff on paid time, that is cheating the employer.

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Answered on 4/09/09, 3:30 pm
Timothy J. Walton Internet Attorney

Re: Boss viewing my e-mails & chat logs

The other attorneys have a point, but no one has addressed the most salient point: how was your supervisor able to access your personal email or chat logs?

Were you watching as your boss used your computer? Did you leave windows open? Did you suffer specific money damages as a result of the supervisor gaining access to your personal information?

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Answered on 4/15/09, 12:40 pm
Terry A. Nelson Nelson & Lawless

Re: Boss viewing my e-mails & chat logs

No, the employer owns the machine and its contents. You can be as mistakenly 'furious' as you like. You have no right or 'expectation of privacy' at work. You can be fired for using company time and equipment for personal use. Expect discipline since they are searching the machine you use and found personal things.

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Answered on 4/09/09, 6:12 pm


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