Using employer e-mails waives privilege

The BP oil spill litigation has provided an interesting decision concerning the affect an employer's e-mail policy has on the spousal privilege (and arguably the attorney/client, doctor patient, and religious privilege claims). Communications between an employee and his spouse, also a BP employee, were made through BP e-mail accounts. The employee argued BP permitted personal use of the accounts, third parties could not access the accounts, and the employers notifications (that e-mail was not private) were not sufficient to overcome spousal privilege. Rejecting the employee's argument, the court found, the accounts were not private, they could be monitored by the employer, and they could be subpoenaed. Of course this latter assessment begs the question of privilege.

Public official's private e-mails exempt from Public Records Act

Louisiana Attorney General Buddy Caldwell has issued an opinion declaring personal e-mails written by public officials on government computers are exempt from disclosure under the public records law. This sounds like bad law protecting bad actors who lack the good sense not to use public property for private communications. Could this opinion undermine discipline of public officials who use public computers for personal matters? Perhaps so.