How does a property owner affect the reasonable expectation of privacy (REP) in commercial office spaces?

A property owner's actions and the policies they establish significantly influence the reasonable expectation of privacy (REP) in commercial office spaces. This is because the terms of the lease and the operation of the business can dictate how private or public certain areas are considered. For instance, if a tenant has exclusive access to certain parts of a commercial property, their expectation of privacy in those spaces may be heightened, reflecting the personal use of their rented area.

Further, specific business operations—such as whether an area is open to public access or restricted to employees only—shape the context of privacy expectations. Policies set by the property owner regarding surveillance, access controls, and maintenance can also play a role in how privacy is perceived and upheld in those environments. Since privacy is not a blanket concept for all commercial properties, but rather shaped by these factors, the assertion that tenancy and business operation policies shape REP in such spaces is accurate.