The U.S. Supreme Court has ruled unanimously against a fourth amendment claim of a right against an employer search of texts on a work pager. The decision, City of Ontario v. Quon, rejected the claims, by the officer and by others who texted him on the device, that the employer city and the city's service provider violated their rights by reviewing transcripts of the text messages.
Justice Kennedy's decision assumed the officer had a reasonable expectation of privacy. However, he said, the city’s search was not unduly intrusive. There was a “legitimate work-related purpose” for the audit, Justice Kennedy wrote. The city “had a legitimate interest in ensuring that employees were not being forced to pay out of their own pockets for work-related expenses, or on the other hand that the city was not paying for extensive personal communications.” Interestingly, the officer's direct supervisor
had told him that he could use the pager for personal messages, as long as he paid their cost. Kennedy nonetheless opined for the Court that he likely only had a "limited privacy interest." The Court did not reach the question of whether there is an employee privacy interest in email on work servers, or conversations on work telephones.
posted by bearwife
on Jun 17, 2010 -
58 comments
