Reflections

Your Boss Can Read Your Text Messages On Company Cell Says The Supremes

Posted by on Jun 18, 2010 | 8 Comments

Using a Company Cell? Watch What You Text

You may recall the case in which a cop from Ontario, CA. had sent explicit sexual related text messages on a cell phone issued by the department. When the copper went over his allocated minutes, his boss check his text messages to see if they were work related. Seems that this department employee thought his text should be private, even if the phone belonged to the city. So he sued the city for violating his right against unlawful search and seizure.

So off the case went to the U.S. Supreme Court which decided the following:

The Supreme Court has ruled that employers may monitor employee conversations made via an employer-issued cell phone if there is a “legitimate work-related purpose” to do so.

In a ruling handed down Thursday, the court ruled unanimously that a police department in California did not violate privacy rights by monitoring text messages of an employee sent on a department-issued device.

“Reviewing the transcripts was reasonable because it was an efficient and expedient way to determine whether Quon’s overages were the result of work-related messaging or personal use,” the Court’s opinion stated.

Officers at the police department were told that a certain amount of personal use on the devices was allowed, but that they should not expect total privacy because messages were all subject to auditing.

The ruling reversed ones in Quon’s favor by a district judge and the U.S. Court of Appeals for the 9th Circuit. It also sets a precedent for allowing employers to monitor cell-phone of employees if they feel they have just cause.

Still, the Court made it clear in its decision that it would make future decisions on a case-by-case basis and would exercise caution before giving employers blanket license to review such messages in the future.

The real humor in this case is that this guy was stupied enough to not only send explicit sexual content to his wife, but also to his mistress! LOL If this guy had an ounce of sense he should of known that all hell would break lose when the PD checked his calls and text messages.

Comments welcome.

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  • http://www.lightourworld.com James Moffitt

    This police officer was apparently immature and naive if he thought that his communications on department issued equipment was private. Anyone who has worked for an employer who employs computer technology and telecommunications devices has to sign a notice warning them that all communications is NOT private and that they have a right to read it at any time they want. I think that it is funny and appropriate that this person got busted for cheating on his wife. Now he understands that there are consequences for his actions and that you can not hide behind technology.

  • http://wp3.lockergnome.com/nexus/theoracle/ the oracle

    Usually I am on the side of the individual, and against those of any company or corporate entities, but in this case, I agree completely with the decision.

    The officer that brought the case is a victim of faulty thinking and the case should never have gotten that far and clogged the court’s docket.

    If you want privacy, then don’t use something given you by a company – this is no different than the office worker that uses the office phone to make personal calls. It makes no difference that the phone is one an “all-you-can-eat” plan where individual calls are not charged – it is company property, and should be used for company business.

    Simple – for those who are not.

    • http://wp3.lockergnome.com/nexus/blade/ Ron Schenone

      Hi Marc,
      Welcome back.

  • JonathanPDX

    Doesn’t bother me one bit.

    Employees should never assume that they can expect privacy for any form of communication that takes place on a device owned/leased by someone other than themselves, and should always use caution even with the equipment they supposedly “own”.

    And, unless an agreement is in writing ahead of time guaranteeing that your private messages are not subject to audit on company-owned equipment, then you’re just asking for trouble…especially with texts.

    Theoretically, nothing is private if it goes out over the web or a cellular network.

  • MUHAMMAD SHAHZAD

    explicit sexual related text messages on a cell phone issued by the department. When the copper went over his allocated minutes, his boss check his text messages to see if they were work related. Seems that this department employee thought his text should be private, even if the phone belonged to the city. So he sued the city for violating his right against unlawful search and seizure.

    So off the case went to the U.S. Supreme Court which decided the following:

    The Supreme Court has ruled that employers may monitor employee conversations made via an employer-issued cell phone if there is a “legitimate work-related purpose” to do so.

    In a ruling handed down Thursday, the court ruled unanimously that a police department in California did not violate privacy rights by monitoring text messages of an employee sent on a department-issued device.

    “Reviewing the transcripts was reasonable because it was an efficient and expedient way to determine whether Quon’s overages were the result of work-related messaging or personal use,” the Court’s opinion stated.

    amount of personal use on the devices was allowed, but that they should not expect total privacy because messages were all subject to auditing.
    Officers at the police department were told that a certain
    The ruling reversed ones in Quon’s favor by a district judge and the U.S. Court of Appeals for the 9th Circuit. It also sets a precedent for allowing employers to monitor cell-phone of employees if they feel they have just cause.

    Still, the Court made it clear in its decision that it would make future decisions on a case-by-case basis and would exercise caution before giving employers blanket license to review such messages in the future.

    The real humor in this case is that this guy was stupied enough to not only send explicit sexual content to his wife, but also to his mistress! LOL If this guy had an ounce of sense he should of known that all hell would break lose when the PD checked his calls and text messages.

  • Anonymous

    More why than how. I guess the how is just be kick-ass at what you do. :) Great info!