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Racy text messages from a SWAT team sergeant in California are at the heart of a legal battle that could have a far-reaching impact on employee privacy. The U.S. Supreme Court said Monday it will hear an appeal by the city of Ontario of a lower court’s ruling that the officer’s rights and those of three other plaintiffs were violated when supervisors read their messages on devices owned by the police department. The case is sure to be closely watched by companies that increasingly provide network devices for internal communications that can accumulate tens of thousands of daily messages. “The facts of the case only involve public employees, but it is possible the court’s ruling will have implications for private companies, too,” said Christopher Wolf, co-chair of the Future of Privacy Forum, a Washington-based public policy group. In its defense, Ontario’s lawyers argued that “It is not objectively reasonable to expect privacy in a message sent to someone else’s workplace pager, let alone a police officer’s department-used pager.” Unreasonable Search? But the Ninth Circuit Court of Appeals in San Francisco disagreed, ruling last year that because of a policy stating that officers had the right to pay for overages beyond their 25,000-character monthly text limit, it was reasonable to assume private messaging was allowed. That policy said messages would not be scrutinized if the overages were paid. The defense attorneys had argued that the lieutenant who came up with that accommodation didn’t have the authority to set policy, and the guidelines stated that except for “light personal communication,” the devices were for official use only. The rules also warned that messages were subject to inspection without notice. The case began in October 2004 when Sgt. Jeff Quon, his wife, another officer, and a dispatcher sued the city after the department received transcripts of their messages, some of…
See the original post: Top Court To Rule on Employee Privacy on Work Devices
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