State Legislation

Security Management, September 2001 | Go to article overview

State Legislation


California

Employee monitoring. A bill (S.B. 147) introduced in the California Senate would prohibit employers from secretly monitoring an employee's e-mail or any of the employee's other computer records. Under the provision, any employer that wants to inspect, review, or retain such computer records must distribute a copy of its policy. Every affected employee would be required to verify that he or she had read and understood the policy. Violation of the law would be a misdemeanor.

Trade secrets. The California Senate is considering a measure (S.B. 11) that would limit a company's ability to keep information confidential during certain types of lawsuits. In cases involving bodily injury or wrongful death, information obtained during the discovery process but never entered into the formal court record could not be kept confidential except in limited circumstances.

Under the bill, a company could petition the court and argue that it had good cause to protect the information. If the court agreed, that information could be sealed. However, to be protected, company information would have to legally qualify as a trade secret. …

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