writes: "The Ninth U.S. Circuit Court of Appeals has issued a ruling that increases support for employees' rights to privacy in the workplace, specifically with regard to electronic monitoring of communications and data stored on workplace computers. Although the ruling upholds the conviction of a man prosecuted based on evidence on child pornography found on his work computer, and retains support for monitoring based on existing company policies, Judge Diarmuid O'Scannlain made the statement that "in the private employer context, employees retain at least some expectation of privacy in their office." From the SFGate.com article:
Under past Supreme Court rulings, "in the private employer context, employees retain at least some expectation of privacy in their offices," Judge Diarmuid O'Scannlain, author of the August ruling, said in Tuesday's decision by the same three-judge panel. He said the employee in this case, Jeffrey Ziegler, had a reasonable belief that his electronic files would be private in a password-protected computer kept in a locked office not shared by co-workers. If anyone can find a more complete record of the ruling, I'd like to read it."
Nevertheless, O'Scannlain said, FBI agents who obtained the files did not violate the constitutional ban on unreasonable searches and seizures, since they had the consent of Ziegler's employer, which had previously notified its employees that their computers were company property and were subject to monitoring.