Gardere partner Peter S. Vogel, chair of the firm’s internet, e-commerce and technology team, along with labor and employment attorney Taylor E. White, sat down with Inside Counsel to discuss how courts view the Stored Communications Act of 1986 (SCA) and who exactly owns our emails.
According to White and Vogel, in the employment context, the answer largely depends on who owns the technology and equipment involved and on what policies the employer has implemented and communicated to its employees.
“If an employee uses a company laptop to access his or her company email account, then the company may monitor the emails, including, potentially, the employee’s personal emails sent on the company email account, provided the employer has an appropriately worded policy in place,” they explained. “Change some of those facts slightly though, and you might end up with a different result.”
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