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Do Employees Enjoy a Right of Privacy in Text Messages?

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Do Employees Enjoy a Right of Privacy in Text Messages?

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Deborah P. Ecker Most savvy employers these days include an electronic communications policy in their handbook to put employees on notice that they should have an extremely limited expectation of privacy or confidentiality when using company computers, including internet and email. However, a recent decision by the United States Court of Appeals for the Ninth Circuit raises the interesting issue of an employee’s right of privacy in text messages on a device provided by the employer.

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