How Cities Can Manage Text Messaging Risks

Here are some basic issues local governments need to think about in developing policies and choosing solutions that reduce liabilities from employee text messaging.

2018-01-texting-pixabay.jpg
2018-01-Smarsh_logo-1-1024x297.png

Sponsored by Smarsh

Mobile messaging is one of the most used smartphone features, and it’s not strictly personal. Text messaging connects colleagues and organizations with customers.

Text messaging can improve the performance of local government, speed communications and streamline services. But using text messages for official communications creates risks.

Text Messaging Risks

In 2010, the Supreme Court ruled in City of Ontario, California, et al. v. Quon et al that public sector employers do not need to obtain a search warrant in order to review employee text messages sent by government issued devices. Recently in Washington state, a Thurston County Superior Court judge ruled in a six-year legal battle that certain work-related text messages sent by a Pierce County prosecutor on his personal cellphone are also public records, as reported by the Seattle Times.

Since any device that contains relevant business communications can be used in litigation, any litigation involving a municipality could potentially require text messaging records. Here are some basic risks public sector managers should be thinking about:

  1. Text messaging personal or sensitive information to the wrong person.
  2. Text messages, which often go unrecorded because many organizations don’t retain or have oversight over text messages as part of digital record keeping, are at risk for open records as well as regulatory requests, investigations and litigation.
  3. If an organization’s legal team cannot produce complete text data, it could also face additional legal consequences related to data and records requirements. Open records laws require all electronic communications used for business to be archived and available.
  4. Text messaging while working that could cause accidents poses what is known as remote-texter liabilities.
Employee Policy Can Reduce Text Messaging Risks

Governance can help avoid mishandling text messages in the public sector. Because text messaging is empowering for operations and services, a policy structure that directs how employees utilize text messaging for business needs can reduce risks to the organization. These employer policies would cover which devices to use, and when to use them for business needs.

Local governments should ensure that their electronic use policies clearly state that all employee communications, including text messages, made using organizational resources are not private and will be monitored.

If personal device texts will be archived, the electronic use policy should make clear to employees that they will have to enable access to their mobile devices.

Managers and information technology personnel should also be trained to ensure that they do not inadvertently contradict written policy by indicating that any communications are not or will not be reviewed, suggests the international law firm Troutman Sanders, LLP.

According to the Grand Rapids Chamber of Commerce, ensure policies for texting-while-driving and distracted-driving are in place, which could include refraining from hand-held or hands-free use of a cell phone-to-text, responding to texts, talking on the phone or other functions. The policy language can also specify that an employee must stop a vehicle in a safe location for text messaging, or using any device that responds to business needs.

The Chamber’s Pro Top: Specify that employees will not be disciplined for not responding to text messages while the employee is driving or operating machinery.

Educating managers about non-exempt employees text messaging when they are off the clock can really help reduce risks, according to the Arizona law firm Jaburg Wilk. If managers speak with employees about handling work-related text messages, employees can better manage their compliance with electronic use policies and steer away from potential risks.

Solutions for Text Messaging Records

Since it’s impractical to ban texting for business purposes, the experts advise that all text messaging for business communications be archived.

When putting supervisory solutions in place to reduce risks, consider the following tips:

  • Text message archives should be searchable, and in a format that cannot be disposed of or edited.
  • Text messages must be accessed quickly for discovery, public records requests and regulatory examinations.
  • Ensure the solution can collect data from various types of devices and operating systems.
  • Ensure the solution can proactively archive text messages as employees, and employee usage, increases.

Andrea Fox is Editor of Gov1.com and Senior Editor at Lexipol. She is based in Massachusetts.

RECOMMENDED FOR YOU