Thursday, December 30, 2010
Important court decision on personal files stored on employer's 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.