What is an empoyer’s right to personal cell phone information?

Get Legal Help Today

 Secured with SHA-256 Encryption

What is an empoyer’s right to personal cell phone information?

We have a new management company in our company even though we have company cell phones at work they want us to install stuff on our personal devices that would allow them to monitor and track us 24 hours a day and possibly be even able to see our email text and phone calls. Are there any laws protecting us from this or can they mandate this?

Asked on August 24, 2017 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Some employers allow workers to use their own personal cell hones (or other mobile device) for business purposes, either instead of or in addition to employer provided devices. This is known as "Bring Your Own Device" (BYOD). Such a policies may appear in a BYOD agreement, employment contract, union agreement, employee manual, etc. When an employee decides to use their device or when their employee installs mobile device management software, it is important for an employee to read their employer's BYOD policy before participating in a such program. The law concerning employee rights when they use their own devices is changing as more employees use the same device for both work and personal purposes. This means legal issues are less likely to have clear cut answers. An employer has the right to monitor an employee's activities in general but employees have certain privacy rights. Further, if you are not being given a choice in participating in a BYOD program, then that may change things considerably. At this point, you should consult directly with a local employment law attorney. After reveiwing all of the details of your situation then can best advise you further. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption