No privacy in text messages sent from employer-owned pager

Reversing a Ninth Circuit U.S. Court of Appeals decision that Vigilant reported on nearly two years ago, the Supreme Court recently ruled that a city employer didn’t violate the rights of several California police officers when it searched text messages sent from city-owned pagers (City of Ontario v. Quon, US, June 2010).

Officers could use the pagers for personal use, but excessive overage charges triggered a city-conducted search that turned up sexually explicit messages. While the Ninth Circuit ruled that the search violated the officers’ privacy rights, the Supreme Court said the city’s search was okay because it was work-related and not excessive in scope. Interestingly, the high court also noted that the search would be “regarded as reasonable and normal in the private-employer context.”

Tips: Although public employees have different privacy rights, the court’s decision certainly strengthens a private employer’s right to conduct electronic monitoring of employee conduct. If you conduct electronic searches, be sure they’re narrowly focused on a business-related purpose and inform employees that they shouldn’t expect privacy with regard to any activity conducted on company-owned equipment. State laws vary in this regard, so check out our Legal Guide, “Electronic Communications in the Workplace” (1337) for more information.