In a precedent-setting decision, the New Jersey Supreme Court today ruled that a company should not have read e-mails a former employee sent to her lawyer from a private Web account through her employer’s computer (See November 5, 2009 Privacy and Security Information blog post). According to the Star-Ledger, the court, which determined the company’s policy regarding e-mail use was vague, upheld the sanctity of attorney-client privilege in electronic communications.
Given the importance of this decision to both privacy issues and employer/employee workplace issues, we will provide a complete analysis.