Constitutional Rights

Paper Summary:

This paper reviews and discusses constitutional rights pertaining to an employee's right to privacy when using company e-mail for personal use. The paper takes a look at the example of "Asia Global Crossing, Ltd., et al.".

From the Paper:

"However, this does not mean that all employee e-mails are protected; only if the company does not openly monitor employee email and inform employees they are being monitored, there is a reasonable expectation of confidentiality. For example in "Bonita P. Bourke, et al. v. Nissan Motor Corporation in U.S.A.," (California Court of Appeals, Second Appellate District, Case No. B068705, July 26, 1993). The plaintiffs said the company's review of e-mail messages over a company system constituted an invasion of their right of privacy in violation of both the California Constitution and common law. But the court found that plaintiffs lacked a reasonable, objective expectation of privacy that their sexual and explicit e-mails would be private, because the company had given them notice e-mail could be reviewed without their knowledge or consent."

Sample of Sources Used:

• "Asia Global Crossing, Ltd., et al." (2005). 322 B.R. 247. Bankr. S.D.N.Y., 21 March 2005. 16 Mar 2007. http://www.phillipsnizer.com/library/cases/lib_case435.cfm
• Rich, Lloyd. (1994). "Right to Privacy in the Workplace in the Information Age."Publaw. 16 Mar 2007 http://www.publaw.com/privacy.html
• "Bonita P. Bourke, et al. v. Nissan Motor Corporation in U.S.A." (1993).California Court of Appeals. Second Appellate District. Case No. B068705. July 26, 1993. Retrieved 16 Mar 2007. http://www.phillipsnizer.com/library/cases/lib_case124.cfm
• "United States v. Philip Bunnell." (2002). Crim No. 02-13-B-S. D. Maine. 10 May 2002.Retrieved 16 Mar 2007.http://www.phillipsnizer.com/library/cases/lib_case283.cfm

More papers on Constitutional Rights:

• Term Paper # 141271 : "Constitutional Rights and Employees"
• Argumentative Essay # 56617 : "Megan's Law and Constitutional Rights"
• Research Paper # 100007 : "The Constitutional Rights of Juveniles"

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