BuckleySander LLP writes:
On June 5, the U.S. District Court for the Northern District of Ohio held that emails the intended recipient opened but did not delete were not covered by the Stored Communications Act because they were not being kept for the purposes of backup protection. Lazette v. Kulmatycki, No. 12-02416, 2013 WL 2455937 (N.D. Ohio Jun. 5, 2013). In this case, an individual alleged, among other things, that her former employer and supervisor violated the Stored Communications Act when the supervisor read numerous emails in the employees personal email account, which the supervisor accessed through the employer-issued mobile device the employee surrendered upon leaving the company. Some of these emails previously had been opened by the intended recipient, while others had not.
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