Is it legal for a company to investigate and retrieve any info off a personal contracted phone without permission?

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Is it legal for a company to investigate and retrieve any info off a personal contracted phone without permission?

My wife and I have a private contract with a cell provider and I use my phone for work purposes. My company gives me 15 a month for the use of it. Is it legal for them to investigate and diagnose a phone they do not contract or pay for ie pics, texts, social media other than their own data?

Asked on May 9, 2019 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, it is not legal unless you had entered into an agreement with them that in exchange for the stipend, they would have rights or control over your phone. In the absence of such an agreement, the fact that they provide a stipend or reimbursemnt for its use does not give them any rights over a private phone; the would only have rights over their own data. It's the same way that if a company reimburses you for gasoline or mileage for when you use your car for work, they do not get any rights to or control over the car.


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