Court Limits Right of Employers to Obtain Stored Text Messages from Vendors' Servers

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In a decision entered on June 18, 2008, the United States Court of Appeals for the Ninth Circuit made important findings concerning the right of employers to obtain and read employees’ text messages sent over employer-provided services. This Legal Update discusses the decision in detail

and recommends that employers review their workplace surveillance practices to ensure their continuing compliance with state and federal law.

The Ninth Circuit’s Decision

The decision in Quon et al. v. Arch Wireless et al. has its origins in an internal affairs investigation into text messages sent by members of the City of Ontario, California, Police Department.[1]

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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