Header graphic for print
HL Chronicle of Data Protection Privacy & Information Security News & Trends

Tag Archives: Quon

Posted in Employment Privacy

Supreme Court Finds Public Employer’s Search Motivated By Legitimate Work-Related Purposes Did Not Violate Fourth Amendment Protections Against Unreasonable Searches

Yesterday, the Supreme Court reversed a decision of the Ninth Circuit in City of Ontario v. Quon and unanimously decided in favor of a public employer that had engaged in a limited administrative/accounting review of employee text messages. In this blog entry, we explain how the Court avoided deciding what is a reasonable expectation of privacy in electronic devices; we observe how a dormant federal case allowing a private employer search of e-mail despite an expectation of privacy may have renewed vitality; but in light of a recent New Jersey Supreme Court case, we remind private employers of the importance of a clear electronic communications policy (to limit or defeat expectations of privacy), of training and of purpose-limited searches.