Effect of Corporate IT Policies on Otherwise Privileged Communication By: Jonathan T. Barton

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Issue: If an employee uses his employer’s corporate IT resources to prepare or send/receive a personal ( i.e., non-work related) communication, does that destroy whatever privilege might otherwise attach to the communication?

What Type of Communication?  Communications Made Via the Company Account  Communications Made Via a Password-Protected, Web-Based  Documents Saved Locally on a Company-Issued Computer

ABC Company Privacy Notice: All employees and other authorized users of computer resources should be aware of ABC’s policies for appropriate use of computing resources. Follow these links to view the IT Acceptable Use Policy and the IT Security Policy. In order to protect the privacy and confidentiality of corporate information assets, ABC has implemented an Internet Monitoring System to identify inappropriate and unauthorized use of ABC computer resources. The System monitors the content of all inbound and outbound Internet traffic and external usage. Questionable activity will be logged and tracked for resolution by ABC management. All information transmitted or stored by the system (including and files) may be subject to public disclosure. By accepting the Accept button below, you acknowledge your understanding and acceptance of ABC’s policies. Otherwise, select Decline to log off this system immediately.

XYZ COMPANY IAUP 1. XYZ Company recognizes the business need for some, if not all of its employees to have access to the Internet while on the job, using company computers. As such, XYZ has made the business decision to make the Internet available to employees for XYZ business purposes. 2. XYZ intends for the Internet to be accessed for business purposes and expects that employees will spend no more than 5 minutes per day accessing the Internet for non- business purposes. 3. The company reserves the right to use monitoring software to make sure the company’s IAUP is being adhered to by its employees. The company may record and/or monitor one or more employees’ computer and Internet activity for any reason and without any specific notice. 4. By clicking “Agree” below, you agree that: a. You have had the opportunity to review this agreement and ask any questions regarding this document. b. You will adhere to the company’s IAUP. c. You will be subject to disciplinary measures, including possible termination, if you violate the IAUP.

Asia Global Factors 1. Does the corporation maintain a policy banning personal or other objectionable use; 2. Does the company monitor the use of the employee’s computer or ; 3. Do third parties have a right of access to the computer or s; and 4. Did the corporation notify the employee, or was the employee aware, of the use and monitoring policies?

Ripped from the Headlines: Personal accounts may allow you to maintain a privilege. Do not confuse privilege with privacy.