In what may ultimately prove a landmark decision on workplace privacy, the U.S. Supreme Court ruled this week that government workers have no right to privacy when using employer-owned communications devices. The case stemmed from a suit brought by an Ontario, CA police officer whose extremely personal text messages (not all of which were directed to his wife) were exposed during an audit of the business vs. personal usage of his city-owned device.

My first thought was, what on earth was this guy thinking when, rather than quietly reimburse the City for the personal messages, he opted to file suit on grounds of unlawful search?

My second thought was, and is, that, though the Court restricted its ruling to government employees using government-owned devices, the ruling will undoubtedly spill over and have a chilling affect on private enterprise as well, and not necessarily in the expected manner.

Employees have been extensively using employer-owned wireless devices and communications networks for better than a decade. During that time there has been something of an uneasy truce as we have each allowed the line between business and personal time/pursuits to blur. To an ever greater extent, workers (at all levels) have permitted more frequent invasion of what has traditionally been their private, off-duty, personal space. It is no longer unusual at all to have one’s off-duty time peppered with business related messages, queries, and conference calls. Once the sole realm of managers who ostensibly were being paid for such interruptions, today, workers at all levels and pay grades are involved. In turn, employers have seen, and largely acquiesced to a greater co-mingling of personal with professional activities in the workspace.

Though there has been (and always will be) some tension in this arrangement, if we (manager types) are not careful, the Court’s ruling could be the straw that breaks the camel’s back, and disrupts what is otherwise a pretty good thing.

Some managers and organizations will use the Court’s ruling as an excuse to more aggressively police and restrict non-sanctioned use of company devices and networks. Doing so would be a mistake. How?

By and large, we have been the beneficiaries of this arrangement, where, within reason, we get free (yes) access to team members, regardless of whether they are technically on or off duty. In a world where speed of thought, response, and execution reigns supreme, this advantage is worth a lot to us. The very second that our workers decide to either turn the device off, or demand compensation for the time when it is turned on, thus making them accessible, we have lost a lot of ground. This is a decision that each of them can make at any time, quietly, and without notice. When you get down to it, we face a simple high school physics problem… There are more of them than us. This is no time to get stupid.

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A thought leader in the arena of leadership and employee engagement, Bill Catlette is a seminar leader, keynote speaker, and executive coach. He helps individuals and organizations improve business outcomes by having a focused, engaged, capably led workforce. For more information about Bill, his partner Richard Hadden, and their work, please visit their website at www.contentedcows.com, or follow him on Twitter at http://twitter.com/ContentedCows