Pennsylvania Supreme Court Holds No Reasonable Expectation of Privacy in Internet Search Activity: Key Takeaways for Employers
A recent Pennsylvania Supreme Court ruling could have broad implications for internet privacy, and employers should take note. The state’s high court ruled in December that individuals do not have a reasonable expectation of privacy in their internet search activity for purposes of the Fourth Amendment and similar state constitutional protections. Although the case centered on a state police search in a criminal investigation, the decision will likely influence how courts applying Pennsylvania law analyze privacy expectations across a wide range of contexts, including matters concerning employment and the workplace. This Insight will discuss Commonwealth v. Kurtz and how this decision could impact private employers. Background on Commonwealth v. Kurtz In an investigation into a violent crime, state police obtained a “reverse keyword search warrant” that instructed Google to identify anyone who searched the victim’s name or home address in the week before the assa...