29 Jul Watch That Phone! Court Says No Privacy in Pocket Dialing

Has your phone ever made one of those calls by accident while sitting in your pocket? It’s happened to most of us. Well, a Cincinnati appeals court says you have no expectation of privacy when that happens. It’s easy enough to lock your phone or add a password or install an app to prevent pocket dialing. Since that’s true, the court said this is no different than folks who leave their window shades open or a webcam on.

In the case, a Cincinnati airport official was having a conversation with another official and also his wife. The conversation concerned the employment situation of the CEO of the airport. During that conversation his phone pocket dialed that CEO’s assistant. She listened to 90 minutes of conversation and even taped the last four minutes. She was allegedly concerned that the official was plotting something that was potentially illegal and discriminatory. The official whose phone made the call, James Huff, sued the assistant, Carol Spaw, saying he had a right to privacy and she had no right to listen or record the call.

The court (the 6th US Circuit Court of Appeals in Cincinnati) said there were easy precautions Huff could have taken to prevent this from happening, as indicated above. Interestingly, however, claims are proceeding by Huff’s wife, who says she did have an expectation of privacy since it was not her phone that made the call. The court says that claim may proceed saying it doesn’t believe she waived her rights. So be careful people!