A recent ruling by the Ontario Superior Court of Justice may have turned some traditional wisdom on its head.The ruling says that personal e-mails stored on a government computer are not subject to Freedom of Information legislation. The correspondence concerned the employee’s volunteer activities with a community organization. The employee in question works for the City of Ottawa.
The question put to the court was whether a citizen had the right to request access to e-mail files on a civil servant’s computer, including e-mails which the employee had designated as personal. The court said no. “It is not reasonable for e-mails belonging to a private individual to be subject to access by members of the public merely because they are sent or received on a government owned e-mail server.” The judges ruled the legislation does not cover public servants’ private messages – even if they are stored on government computers.
The court went even further saying that the e-mails, which were unrelated to city business and kept in a separate folder, were not in the municipality’s control or custody. The decision overturns a 2009 ruling by an Information and Privacy Commissioner adjudicator, which ordered the city to release the documents.
Traditional wisdom has held that regardless of the nature of the documents, anything stored on your employer’s computer is indirectly the property of the employer and therefore subject to various pieces of legislation including Freedom of Information provisions.
The National Post is reporting today that “Ontario’s privacy commissioner is seeking leave to appeal a recent court ruling that says private emails on workplace email systems are not covered by freedom of information laws.” Surprise, surprise.



















