Under the Ortega doctrine, employers who fail to warn employees of systems monitoring or allow employees access to electronic mail for personal reasons as well may lose some of their monitoring powers over employees due to an elevated expectation of privacy.

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The Ortega doctrine holds that employers who fail to warn employees of systems monitoring or fail to allow employees access to electronic mail for personal reasons may be viewed as having violated an elevated expectation of privacy, which can lead to restrictions on their monitoring powers over employees.

Under the Ortega Doctrine, Employers Who Fail to Warn Employees