My Employer Read My Personal Email And Printed It

[obediah]

My employer read my personal email, not work email.  Printed some of them out, which did not pertain to work at all, they fired me. I was also looking on Craigslist.  They fired me and sent the emails to the unemployment office after I filed for unemployment.  Can they read my personal emails and send them to unemployment?

Thank you

ANSWER: Hi Carolyn,

What state do you live in??

---------- FOLLOW-UP ----------

I live in Wisconsin

ANSWER: Hi Carolyn,

Here is Wisconson computer law:

943.70 Computer crimes.(1) DEFINITIONS. In this section:

(ag) “Access” means to instruct, communicate with, interact

with, intercept, store data in, retrieve data from, or otherwise use

the resources of.

(am) “Computer” means an electronic device that performs

logical, arithmetic and memory functions by manipulating electronic

or magnetic impulses, and includes all input, output, processing,

storage, computer software and communication facilities

that are connected or related to a computer in a computer system

or computer network.

(b) “Computer network” means the interconnection of communication

lines with a computer through remote terminals or a

complex consisting of 2 or more interconnected computers.

(c) “Computer program” means an ordered set of instructions

or statements that, when executed by a computer, causes the computer

to process data.

(d) “Computer software” means a set of computer programs,

procedures or associated documentation used in the operation of

a computer system.

(dm) “Computer supplies” means punchcards, paper tape,

magnetic tape, disk packs, diskettes and computer output, including

paper and microform.

(e) “Computer system” means a set of related computer equipment,

hardware or software.

(f) “Data” means a representation of information, knowledge,

facts, concepts or instructions that has been prepared or is being

prepared in a formalized manner and has been processed, is being

processed or is intended to be processed in a computer system or

computer network. Data may be in any form including computer

printouts, magnetic storage media, punched cards and as stored in

the memory of the computer. Data are property.

(g) “Financial instrument” includes any check, draft, warrant,

money order, note, certificate of deposit, letter of credit, bill of

exchange, credit or credit card, transaction authorization mechanism,

marketable security and any computer representation of

them.

(gm) “Interruption in service” means inability to access a computer,

computer program, computer system, or computer network,

or an inability to complete a transaction involving a computer.

(h) “Property” means anything of value, including but not limited

to financial instruments, information, electronically produced

data, computer software and computer programs.

(i) “Supporting documentation” means all documentation

used in the computer system in the construction, clarification,

implementation, use or modification of the software or data.

(2) OFFENSES AGAINST COMPUTER DATA AND PROGRAMS.(a)

Whoever willfully, knowingly and without authorization does any

of the following may be penalized as provided in pars.(b) and(c):

1. Modifies data, computer programs or supporting documentation.

2. Destroys data, computer programs or supporting documentation.

3. Accesses computer programs or supporting documentation.

4. Takes possession of data, computer programs or supporting

documentation.

5. Copies data, computer programs or supporting documentation.

6. Discloses restricted access codes or other restricted access

information to unauthorized persons.

(am) Whoever intentionally causes an interruption in service

by submitting a message, or multiple messages, to a computer,

computer program, computer system, or computer network that

exceeds the processing capacity of the computer, computer program,

computer system, or computer network may be penalized

as provided in pars.(b) and(c).

(b) Whoever violates par.(a) or(am) is guilty of:

1. A Class A misdemeanor unless any of subds. 2. to 4.

applies.

2. A Class I felony if the offense is committed to defraud or

to obtain property.

3g. A Class F felony if the offense results in damage valued

at more than $2,500.

3r. A Class F felony if the offense causes an interruption or

impairment of governmental operations or public communication,

of transportation, or of a supply of water, gas, or other public

service.

4. A Class F felony if the offense creates a substantial and

unreasonable risk of death or great bodily harm to another.

(c) If a person disguises the identity or location of the computer

at which he or she is working while committing an offense under

par.(a) or(am) with the intent to make it less likely that he or she

will be identified with the crime, the penalties under par.(b) may

be increased as follows:

1. In the case of a misdemeanor, the maximum fine prescribed

by law for the crime may be increased by not more than $1,000 and

the maximum term of imprisonment prescribed by law for the

crime may be increased so that the revised maximum term of

imprisonment is one year in the county jail.

2. In the case of a felony, the maximum fine prescribed by law

for the crime may be increased by not more than $2,500 and the

maximum term of imprisonment prescribed by law for the crime

may be increased by not more than 2 years.

(3) OFFENSES AGAINST COMPUTERS, COMPUTER EQUIPMENT OR

SUPPLIES.(a) Whoever willfully, knowingly and without authorization

does any of the following may be penalized as provided in

par.(b):

1. Modifies computer equipment or supplies that are used or

intended to be used in a computer, computer system or computer

network.

2. Destroys, uses, takes or damages a computer, computer

system, computer network or equipment or supplies used or

intended to be used in a computer, computer system or computer

network.

(b) Whoever violates this subsection is guilty of:

1. A Class A misdemeanor unless subd. 2., 3. or 4. applies.

2. A Class I felony if the offense is committed to defraud or

obtain property.

3. A Class H felony if the damage to the computer, computer

system, computer network, equipment or supplies is greater than

$2,500.

4. A Class F felony if the offense creates a substantial and

unreasonable risk of death or great bodily harm to another.

(4) COMPUTER USE RESTRICTION. In addition to the other penalties

provided for violation of this section, a judge may place

restrictions on the offender’s use of computers. The duration of

any such restrictions may not exceed the maximum period for

which the offender could have been imprisoned; except if the

offense is punishable by forfeiture, the duration of the restrictions

may not exceed 90 days.

(5) INJUNCTIVE RELIEF. Any aggrieved party may sue for

injunctive relief under ch. 813 to compel compliance with this section.

In addition, owners, lessors, users or manufacturers of compersons, may sue for injunctive relief to prevent or stop the disclosure

of information which may enable another person to gain

unauthorized access to data, computer programs or supporting

documentation.

---------- FOLLOW-UP ----------

I still do not know the answer to my questions, can they print out my personal email?  Can they send it to wisconsin unemployment.  I feel so violated.  It was a personal email and Im not sure how many people have had their hands and eyes on it now.

[Jocheved]

Hi Carolyn,

I am sorry about that, it appears my typed portion of your answer did not appear.

If you were using an employers computer, and internet to access your personal e-mail at work, they have the right to review anything you do on that computer. They can even install monitoring software on it.

What you do at a place of employment, on the company computer, and on company time is their business. What a lot of people do not know is that your employer is supplying you the system and internet access and therefore can control what you do on it.

Now on the other hand, if you were using an on-line e-mail service such as Yahoo or GMail or such, and they hand to log into the account using your password they found, then they did commit a crime and you should notify the police about it. If you were using a program like Outlook that downloads the mail to your computer and you were using the company supplied e-mail address then your e-mail was fair game for them.

I hope that answers your questions and I am not sure why that did not go through the first time.

If you have other questions or need clarification, just drop me a follow-up here.

Be well..