Quiz 11: Cyberlaw
In general workers should not assume privacy when using anything that belongs to the company. 1. Refer to the case Smyth v Pillsbury. The company doesn't need to warn employees that company email system can be monitored. It has a legitimate interest to protect email system from being used to disclose confidential info or harassing material. 2. It depends. If the email was sent personal to personal it may not be monitored. But personal to work email might still be monitored. 3. It depends. If email was sent from personal account with a personal laptop it can be protected, but if either items are work (work email, or work laptop) the email may be monitored. 4. Refer to Commonwealth v Proetto. The email process itself is private but once it is sent the recipient can forward it to anyone. 5. Refer to Mclaren v Microsoft Corp. As long as the email is sent using company server it can be monitored. 6. Again workers can't assume privacy when using company material.
Individuals can't expect privacy when using company emails. The emails and servers hosting it are considered company property and it has the right to enforce it from unauthorized use. Most companies will give notice that company emails and servers are not private. A company can be held liable for sexual harassment , if there is an existing and continuing activity of harassing company emails and the company did take no action to stop it.
In this age of growing social media almost nothing seems private anymore. When college students sign up for social media sites and allow public access or loose privacy settings they can't expect privacy. A warrant is mostly necessary for things involving privacy, such as search of a house, locker, and password protected files etc. However, social media profiles effectively become public data when privacy settings are not set, and anybody can legally obtain the information publicly displayed by their profile without warrant. People need to be aware that if their profiles are public to any groups of people, the things they say may incriminate them, e.g. posting malicious or false information on someone is defamation, and even posting criminal thoughts can be viewed as conspiracy to commit a criminal act.