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Email and privileged communication
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You may think that if
you inform your employees that you retain the right to review their emails, you
can use any of their emails against them in an action. As you may know, communications
between a person and his attorney and between spouses are privileged - so such communications
cannot be used against someone in criminal or civil actions. Some US
courts have held that email communications
between an employee and his attorney are
privileged and cannot be used against the employee,
even if the employer communicated its policy that all emails were
subject to review by the employer. But at least one US court decided that an
email between an employee and his wife could be used against the employee in a
criminal action and therefore was not
privileged spousal communication.
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投稿者:
Hiro Sugano
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