Is my employer allowed to take data from my personal paid cell phone for a litigation they are under?

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Is my employer allowed to take data from my personal paid cell phone for a litigation they are under?

The company I work for is currently undergoing a litigation. I am being told my our in office legal team that they can use data from my personal cell phone to use for their case. Is this allowed? I personally own and pay for this phone. I think that is a huge invasion of privacy but I don’t know the laws around this type of thing.

Asked on October 4, 2018 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If it is your personal phone which you pay for, they can only get the data:
1) If it is relevant and they subpoena it (and you cannot successfully fight the subpoena, such as on grounds that some information is priviliged); or 
2) If tell you to give the data or else they will fire you, and you choose to comply.
Your employer could terminate you for not helping it during litigation, so you need to weigh how much you want to resist providing the data.


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