Funded by the Houston and Calgary Chapters of ARMA International
Abstract
It has been established without question that information created on the organization’s computers by employees belongs to the organization. However, a growing number of employees use their personal computer, cell phones, PDA’s, and other electronic equipment at home to do work for their employer. A little researched issue, but potentially of major concern to employees and employers is the access and ownership of this information. Do the courts have the right to gain access to this information? Does the employee have any rights and protection for private and personal information which is retained on the same computer system? Is there an obligation / expectation that the employer should be managing this information? This study researches and documents the law in the USA and Canada that applies or may apply and suggests appropriate action for employees and employers to take.