Can my employer access my personal cell phone records?

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Can my employer access my personal cell phone records?

Can my employer (in this case a state agency) gain access to my cell phone records from my cell provider to show texting and/or internet use during work hours? This is a personal cell phone not an employer provided cell.

Asked on April 2, 2011 under Employment Labor Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Your employer would have to have a darn good reason and tell that reason to a judge in order to obtain a subpoena for the records.  Like if they were accusing you of some crime then really the records would b subpoenaed by the prosecutor's office and not your employer.  If they were conducting an internal investigation they would still need to prove that the request was not beyond the scope of the investigation and I think that they would be hard pressed to do so.  I might consult with the department of labor on the matter and quite possibly an employment attorney. You need to be ready to defend yourself here.  Good luck to you.


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