To complement the webinar BYOD: Don’t Let It Become “Bring Your Own Lawsuit,” mobility expert Michael Finneran and Zix general counsel Jim Brashear collaborated on the eBook A Legal Perspective of BYOD: Building Awareness to Enable BYOD and Mitigate Its Risks, which highlights the legal risks of BYOD and what factors to consider when developing a new BYOD strategy or modifying an existing one.
Here’s a snapshot of one of the key legal risks outlined in the eBook - Access to employee personal data:
“As employers attempt to protect corporate data and the corporate network by managing personal mobile devices, they potentially gain access to their employees’ personal data, including emails, photos and videos, documents, social networking activity, web site history, app usage and location tracking. An employee may claim that an employer’s decisions about compensation, promotions or discipline were influenced by the employer’s BYOD monitoring activities. The result may be an expensive employment discrimination case. New laws prohibit employers from accessing private content of employee social media accounts, including personal email. That likely covers access that results from monitoring mobile devices.
Another concern about having access to employees’ personal data arises when companies trigger a remote wipe to delete data from an employee’s device. The destruction of an employee’s valuable personal property could lead to a civil lawsuit. Unauthorized destruction of employee data may violate criminal laws such as the U.S. Computer Fraud and Abuse Act.
Some companies try to address these concerns by creating separate work containers and personal containers on the employees’ personal mobile devices. That approach assumes employees actually keep their work lives and personal lives neatly segregated in appropriate containers. Moreover, relying on the ability to remotely wipe a device assumes the device will be accessible by you at that time.”
For additional insight into this hot BYOD topic, click here to access the full eBook.