Personal Email at Work: What Expectation of Privacy?

, New York Law Journal


Dechert's Robert J. Jossen and Neil A. Steiner write: A recent decision from the U.S. District Court for the Eastern District of New York highlights the personal risk that an employee's use of a work email account to send or receive otherwise privileged and confidential communications - for example, with a spouse, personal lawyer, or doctor - will be deemed a waiver of the applicable privilege.

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What's being said

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    In assessing whether there is a reasonable expectation of privacy, one also should consider the impact of "social media" password privacy laws, which may extent protection to personal email accounts.

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