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| Employee’s Right to Privacy in Workplace Computer |
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The 9th Circuit revised an earlier opinion and held both that employees have a right to privacy in the contents of their workplace computers, but that employers (with an established policy of monitoring those computers) still retain the right to seize files and turn them over to the police. The impact of this decision on future employment claims is not entirely clear because this case involved criminal search and seizure issues, rather than an employer’s right to access its own computers. Nevertheless, the decision highlights the fact that prudent employers must eliminate any expectation of privacy for data contained on the employer’s computer. See US v. Ziegler (9th Cir. 2007) 474 F.3d 1184.
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