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Monday, December 14, 2009

Supreme Court to Review Electronic Communications Case

by Mehmet Munur

The Supreme Court will review a 9th Circuit Court case finding that the unauthorized search of employee text messages on an employer provided text messaging pager may have violated the employee’s privacy rights despite a written policy stating that the employees should have no expectation of privacy.

Once again, the Supreme Court’s review of the case highlights the complexity of employee electronic communications in the workplace. With the extensive use of blogging and social media in the workplace, it is becoming more and more important to put in place explicit electronic communication policies and to implement those policies uniformly. You can find our previous blog post on the 9th Circuit Opinion here.

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