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HL Chronicle of Data Protection Privacy & Information Security News & Trends

Tag Archives: Jersey

Posted in Employment Privacy

New Jersey Ruling in Favor of Employee’s E-Mail Privilege Claim Suggests Amendments to Corporate Monitoring Policies

The New Jersey Supreme Court’s recent decision in Stengart v. Loving Care Agency upheld attorney-client privilege protection for personal web-based e-mails sent by an employee planning to sue her employer, notwithstanding a broad electronic communications monitoring policy by the employer. The case, though limited jurisdictionally to New Jersey, may be followed elsewhere, and suggests additions to company monitoring policies, which we set forth in this blog entry.