Email and privileged communication
2013年1月29日 17:58
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.
Hiro Sugano
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