Myth: All emails and texts are safe and private.
Fact: They are no longer private if a work-provided device is being used.
On June 17th, the Supreme Court ruled that public employers now have the right to view messages being sent via a work-provided device, if there is suspicion that work rules are being violated. It is not a violation of constitutional rights. After a related suit in the state of California had been taken to the Supreme Court, the justices said that the law tilts the balance in favor of the employer, not the employee. “Because the search was motivated by a legitimate work-related purpose and because it was not excessive in scope, the search was reasonable,” said Justice Anthony M. Kennedy in City of Ontario v. Quon. As a result, employees need to take heed and anticipate that their information is being viewed at all times.
So, where does this leave you, the private business owner? Well, remember that this involves public employers, not private. Essentially, this doesn’t apply to you. However, all employers should adopt and distribute policies that clearly state that employees should have no expectation of privacy while using employer-owned equipment, nor should they expect communications they make using employer-provided equipment and systems, such as email, text messages, cell phones, social media, and other avenues of technology, to be private. (Stoel Rives, Oregon law firm)
If it’s not necessary for the employee to use a device to complete their work, it is suggested that they not be provided with a company-owned device. In the case that an employee does need to use a device, try to regulate what is being viewed/sent on the phone. It may prove helpful to use a plan that provides only a limited amount of texts, minutes, or internet service. Personal information should be relegated to privately-owned equipment and systems. This will help avoid embarassment and potential legal issues for all parties involved.
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