Legal Question in Criminal Law in California

CA Penal Code 632.7. If employer admits they obtained and are storing a screenshot of text message between two employees without consent of all parties what legal remedies are available? The text messages were sent on personal devices not reimbursed by Employer and not registered for business use under BYOD policy. Text message not work related and occurred after hours. Text message contained one party’s personal health information.

Asked on 8/19/19, 7:01 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

"what legal remedies are available?"

Well, you appear to have searched and found the code section that might apply, which clearly states the penalties and remedies available to innocent 'wronged' parties. That is IF you can prove what you allege - that they have it, and this was non-consented to by at least one of the parties. ?You'll have to explain how the employer get the information if one of the parties didn't give the employer access to see it, or run it through the employer's networks or systems? Nothing on employer systems is 'private'.

If you seriously think this is a code violation, then you could try to file a criminal complaint with local police, and could try to find a local attorney willing to pursue any valid civil claims.

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Answered on 8/20/19, 9:13 am

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