Back in April, we noted that the Supreme Court was taking up a case that pit a SWAT sergeant and his bawdy text messages against his employer, the police department in Ontario, Calif.  Last week, the high court issued a decision, articulating a rule of thumb that many users of enterprise networks and devices already go by: If you use a work-issued digital device during work hours, don't be surprised if management is looking at your communications.   

In siding unanimously with the City of Ontario, the court did not go so far as to issue a broad-based proclamation on the privacy rights of workers using digital devices. It ruled only on this specific case, in which the police department searched the texts that the sergeant had sent over his government-issued pager while on duty. The department found hundreds of personal messages, some sexually explicit, to his wife and his girlfriend.

For organizations--particularly public sector organizations--that monitor employees' electronic communications, the case highlights the importance of always having a good reason when reviewing employee messages:  "Because the search was motivated by a legitimate work related purpose, and because it was not excessive in scope, the search was reasonable," the opinion reads.

This is not likely to be the last time we'll hear about employees' right to privacy over employer-owned devices, however.  In writing the court's opinion, Justice Anthony Kennedy said that it was important to be cautious before trying to use this case as a broader precedent.

"Prudence counsels caution before the facts in the instant case are used to establish far-reaching premises that define the existence, and extent, of privacy expectations enjoyed by employees when using employer-provided communication devices," Kennedy wrote.  "Rapid changes in the dynamics of communication and information transmission are evident not just in the technology itself but in what society accepts as proper behavior."

Most importantly, perhaps, the decision emphasizes the vital role that information management and usage policies play when it comes to the expectation of privacy in the digital work world: "[E]mployer policies concerning communications will of course shape the reasonable expectations of their employees, especially to the extent that such policies are clearly communicated," Kennedy wrote, putting an end to the case of the SWAT sergeant and his naughty texts. - Caron