is it illegal?

Question

Would it be illegal, for a coworker to go through another co workers desk, and read something like a personal journal. And then Fax the contents to other people. Is that illegal, or just wrong? It wasn't proprietary information, just personal to the employee.

Answer 1

I think its just wrong in a moral sense!

Answer 2

Legally it isn't wrong since you don't own the company where you work so you can't charge them with trespassing. Even if you did own the company if the area was in a common room, like cubicles are then that employee had a right to be there, and I doubt that if it was in a seprate office if that would be enough for a trespassing case either.

According to: http://supreme.lp.findlaw.com/constitution/amendment01/19.html
Invasion of Privacy is NOT a crime, in fact the publication of that journal would be allowed by the 1st amendment. The only crime with publishing the journal would be a civil one, and the theft of the journal itself. The employee did take something that wasn't their property and if they kept the journal then that is theft, but only a petty theft and it would be dismissed by every judge that heard it. If they returned the journal then it was still theft, but again no court would prosecute.

It would not be worth filing a civil tort or lawsuit over the case, it would be small claims at most. In a court case then the other lawyer would try to drag out all of the contents of the journal to embarrass the person. If a case goes to court only the lawyers win.

However, it is very morally wrong and cruel. I would talk to management to get that person fired. They can be fired for cause and should not be able to collect any unemployment. The cause would be misuse of company equipment (the fax machine), they did it on company time so that would be wrong, and the act of Invasion of Privacy would be a cause for termination. I would also put a strong note (in red block letters) in their file so that if anyone calls your company for a reference they will get a bad one.

Bring the boss into this one, and if your company is large enough then also call the Human Resources department and make sure that the offended person files a complaint. Tell them that there won't be any additional embarrassment, that bird is long gone.

Answer 3

If it was a supervisor then it would not be illegal. It is a workplace, anything in a workplace belongs to the workplace.

If it was a coworker then it would be illegal.

It could even be breach of work ethic for the employee to have a personal journal at work.

Using the work fax for private purposes could get them fired too, especially if it was for spite or personal gain.

Answer 4

I believe that would be invading their privacy, and I think they would have the right to have the person responsible charged. Their desk is not a public place to take things free of will.

Answer 5

Does your company have a privacy policy? What does it say about work space -- is it the company's or the employees?

Ethically, what your coworker did was immoral. But illegal? We need more info.

Answer 6

It might be considered harassment or a violation of the Privacy Act of 1974. Definitely you should contact HR about it.

Answer 7

It is certainly probable that it is against rules at the company, and thus if legal charges cannot be brought, this person should certainly be fired, at least at any reasonable organization.

Answer 8

If the material belonged to the person it was taken from, then whoever took it has committed theft.

Answer 9

Although it might not be criminal, it can be considered a tort (in a civil action for damages). Breach of one's right to privacy, etc.

Answer 10

Was it on the desk - then NO.

Was it in the desk, and locked away - then YES