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From: cavrak@kira.UUCP (Steve Cavrak)
Newsgroups: comp.admin.policy,comp.unix.admin
Subject: Re: E-mail Privacy
Message-ID: <1991May26.124126.25336@uvm.edu>
Date: 26 May 91 12:41:26 GMT
References: <15110@ccncsu.ColoState.EDU>
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Organization: Univ. of Vermont, Eng., Math., and Bus. Admin. (EMBA) Computer Facility
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conca@handel.cs.colostate.edu (michael vincen conca):
> 
> Now for the tough questions.
> 	Is this legal?  Is this ethical?  If this person still worked
> here, I would immediately refuse.  But since they don't, do they still
> have any rights to their E-mail?  Right now, I am leaning towards refusing
> because I think a person's E-mail is theirs, regardless of their status
> with the organization.  Anyone have any other opinions on this?
> 
> 								-Mike
> 

Mike,

I think that your approach is the correct one.

(The original errors were in sending the notice via email in the
first place, and that was compounded by not having a copy.  But that
is neither here nor there.)

What I would do is


a.  may a copy of the backup tape so that it can be archived in
    storage.

b.  state your position to the supervisor.  It would be nice if you
    had a copy of the university's (computer center) policy on this
    handy, or 

C.  Suggest that the both of your work with the University's Personnel
    department and Legal Counsel to see what options are available.
    You may end up with a very big meeting with a lot of folks
    involved; certainly university computer service folks.

D.  My own suggestion is that it is best to leave the backup tape
    untouched (and untouchable) and restore the files only in the face
    of real legal action.  The supervisor doesn't really NEED the copy
    NOW, s/he just wants it to cover his/her ass IN CASE.  Well, the
    ass is uncovered, and we've all got pictures of it.  So learn s/he
    should learnd to walk around that way with pride and dignity --
    s/he might just start a fashion trend !!

In all likelyhood, the employee will go off and get another job
elsewhere.  If there is an appeal, then the supervisor will have to
admit to a less than perfect implementation of his/her decision (not
really a serious error in any case -- since there must be other
documentation on the case).  At this point, you would get to the first
NEED for a document, and the whole thing would be brought up as in C,
but C would have prepared everyone for this in anycase and may have
even thought up an answer.  

See ya
Steve