Legal Question in Technology Law in Pennsylvania

file recovery from personal computer

A student has copied text from emails to his personal computer and deleted the emails from the school's server. The email is provided/owned/maintained by the school, as stated in the Email/Internet Use Policy. The emails were sent to another student from the school-owned email address. Does the school have the legal right to retrieve those text files from the student's personal computer without the student's knowledge?

Asked on 4/13/04, 10:36 am

1 Answer from Attorneys

J. Bryan Tuk Mandracchia & Modesti, LLC

Re: file recovery from personal computer

There are, in certain circumstances, due process rights that students have with respect to searches of personal property by school personnel. However, based on your question, it is unclear whether the school is a private school or a public school. The answer to that question is important because it can potentially change the answer.

Please call me at 610-584-0700 to discuss.

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Answered on 4/13/04, 10:50 am

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