Joined: Jan 13, 2009 Posts: 14 Location: Los Angeles, CA
Posted: Fri Mar 06, 2009 5:14 am Post subject:
The issues here are reasonable expectation of privacy and privileged information. When a single computer hosts multiple users an evaluation must be made as to whether or not the individual users have any reasonable expectation of privacy from each other. Even husband and wife can have an expectation of privacy. Do the users have separate accounts? Do they have password-protected accounts? Do they openly know each others passwords? Are file permissions set correctly? What efforts are required to get to the data?
On the second issue, privileged is generally a duty that an attorney owes a duty to a client. I donít think it applies to the scenario you painted, but perhaps I donít understand. But assuming the privacy issues is eliminated, you should be able to use the data as evidence in court if it is properly preserved and authenticated.
PS I am not an attorney - please consult one and maybe respond back with your findinds.
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