Xref: utzoo comp.admin.policy:154 comp.unix.admin:2035 Path: utzoo!utgpu!news-server.csri.toronto.edu!rpi!usc!jarthur!uunet!world!bzs From: bzs@world.std.com (Barry Shein) Newsgroups: comp.admin.policy,comp.unix.admin Subject: Re: E-mail Privacy Message-ID: Date: 29 May 91 21:28:27 GMT References: <15110@ccncsu.ColoState.EDU> <1991May28.171251.20628@rock.concert.net> Sender: bzs@world.std.com (Barry Shein) Organization: The World Lines: 51 In-Reply-To: mcmahan@cs.unca.edu's message of 28 May 91 17: 12:51 GMT > 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? Something to consider: Take the backed up e-mail and send it (tapes or whatever) to the company's corporate counsel with a cover letter explaining the situation as best you can and without being overly colorful. You can then choose whether or not to agree to provide technical assistance in moving it to a more convenient media if requested in writing from corporate counsel or equivalent. Save any correspondence. That would get you off any legal hook as others have made the decision, it doesn't sound to me like you have the authority within the company to make such a decision. What if the employee later sued the company for invasion of privacy? Would it be fair for them to say that you provided the e-mail? Remember, rats desert sinking ships fast, if it got to court there'd be a good chance that everyone would try to blame whoever recovered the mail ("We didn't know where he got this from...") As to the ethical matters that remain, you'd have to search your own conscience. There is a real issue of employees leaving, particularly not in the most congenial circumstances, and the fear/belief/knowledge that real business is coming into their e-mail box that needs to be attended to (e.g. customers who need to be redirected to new staff.) I think it's safe to assume that it's the responsibility of the employee to inform personal correspondents that the mailbox is no longer valid for personal mail. There's a fine line there, but it's important to make a cut-off and make it clear to staff when this would be (say, one week after leaving we consider any new correspondence in your mailbox our property and assume it to be only business correspondence which needs to be attended to.) It's also a good reason to try to cut off employee-employer relations as amicably as possible, but lord knows I know how hard that can be. The same sort of problem arises with paper mail and ex-employees who might be receiving business correspondence to their name. -- -Barry Shein Software Tool & Die | bzs@world.std.com | uunet!world!bzs Purveyors to the Trade | Voice: 617-739-0202 | Login: 617-739-WRLD