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Employment, Labor and Benefits Alert: Ninth Circuit Reaffirms Need for Employers to Establish and Communicate Electronic Monitoring Policies



2/2/2007

The Ninth Circuit Court of Appeals has confirmed that while employees may have a reasonable expectation of privacy in their workplace computers, an employer who has a policy of monitoring those computers may lawfully access that data and provide it to the government.

This Mintz Levin Alert emphasizes the importance of establishing a clearly communicated electronic monitoring policy that is consistent with federal and applicable state laws.

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