McLaren v. Microsoft Corp.

1999 Tex. App. LEXIS 4103 (1999)

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McLaren v. Microsoft Corp.

Texas Court of Appeals
1999 Tex. App. LEXIS 4103 (1999)

  • Written by Sharon Feldman, JD

Facts

Bill McLaren Jr. (plaintiff) worked for Microsoft Corporation (defendant). McLaren was suspended because of sexual-harassment allegations and inventory questions. McLaren requested access to his electronic mail (e-mail) to disprove the allegations but was told he would have to tell the company the location of particular messages. McLaren had created a personal password to restrict access to his personal folders on the Microsoft e-mail system. McLaren asked that no one tamper with his workstation or his e-mail. Microsoft terminated McLaren’s employment. McLaren sued Microsoft for invasion of privacy, alleging that Microsoft had invaded his privacy by breaking into the personal folders on his office computer and releasing the contents. The trial court dismissed McLaren’s claim for invasion of privacy, concluding that the claim did not state a cause of action. McLaren appealed, arguing that the fact that his e-mails were stored under a private password with Microsoft’s consent gave rise to a legitimate expectation of privacy in the contents of the messages.

Rule of Law

Issue

Holding and Reasoning (Information not provided)

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