On Nov 11, 2011, at 6:35 PM, Brian Mathis wrote: > The data on the laptop belongs to the company, end of story.
But it's not "end of story". OP has a policy of specifically permitting non-work use of the laptop, which means, by definition, there is non-work data on the laptop which DOESN'T belong to the company. That muddies the waters greatly. If it's a company laptop, and the company says "YOU MAY NOT use this for anything other than business purposes", well, then any data you put on the laptop must, by policy, be in some way related to the business, so you can make the assumption you're making. But that's not the situation here. > No court would agree that a person > complied with that statement if they were paper documents returned > after going through a shredder. Shredding, though, is a process specifically designed to ever prevent any sort of access to the contents of that data again. Let me postulate for you a better analogy. The Bobs fire Joe. While rifling through Joe's paperwork, you discover that Joe has taken all of his notes, to every business meeting he's ever been in, in a code known only to Joe. It's as though he took all his notes in his own secret language. Hell, he's taken his notes in Navajo, a language with a long history of use for just this sort of purpose.[1] Joe knows how to read his secret language, but nobody else does. Does Joe have a legal obligation to translate his notes for you into some language YOU know, just because you didn't specify "keep all your notes in the language all the rest of us speak"? Cheers, D [1] http://en.wikipedia.org/wiki/Code_talker
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