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June 25, 2008
Can Your Boss Spy On Your Text Messages?
Nope. A recent case that went to the US Court of Appeals 9th Circuit found that employers searching employee's text messages on their personal phone is illegal (.pdf). The case stems out of Ontario in San Bernardino County where the local police department gained access to four of its officers' personal phone account texting records by asking their phone company. The officers in turn sued and have won so far. The city and the phone company plan to appeal.
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I agree with your statement that it is illegal for your employer to read text messages on an employees PERSONAL phone.
But that is not what the article is about. If you read the article, it's actually about the police department checking the text messages on COMPANY phones, not their personal phones. THIS should be legal. If you are using a company phone, you need to use it for company business. You don't be a asshole cheapskate and use it for personal use - especially like in this case where the dirtbag officer used it to send SEXUALLY EXPLICIT MESSAGES!
What's more infuriating is that this is all city supplied - so who's paying for these overages? The city...and you know where that money comes from.
What's even more infuriating is that the legality is based on whether or not the information is stored outside or inside the company. In this case, the text messages are stored outside - so it's illegal. If it was stored inside, it would be legal. That's f-ing ridiculous - because the city owns these phones and should be legally able to check THEIR OWN EQUIPMENT - no matter where the information is stored!
There should be no expectation on privacy on property that DOES NOT BELONG TO YOU. IF YOU HAVE A COMPANY SUPPLIED COMPUTER/PHONE ALWAYS ASSUME SOMEONE CAN SEE WHAT YOU ARE DOING!
Want privacy? Use your own private phone, then it's illegal for anyone else to check it.
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By the way, for those of you at work checking your hotmail, myspace, bank, credit cards, ordering from victoria secrets or ebay. The IT can see it. He can see anything. He knows and has access to your passwords for all the sites you've visited.
So here's a tip - do not piss them off, and change all your passwords when you get home, and NEVER - EVER check anything at work ever again.
And people wonder why identity theft happens so often - IT guys grab all the info, saves it, and sells it off in some IRC channel or bbs.
How do I know this? I'm an information technology director. I've come across these guys - most of them do it because they aren't treated with respect by fellow coworkers, or they're upset at the company, need the cash, or simply because they're actually able to - because it's so easy.
So, I recommend you all make nice with the computer guy/girl and make sure you treat them all with respect. Their job is to help you, not to be your slaves, and they'll help you more if you're not barking at them and are friendly.
Just a thought...