Fortunately, there is a solution to this problem -- but it requires preemptive action by the employer. Under the statutes, the sender, addressee, or recipient may provide consent which allows others to access the data. Employers who want the right to access cell phone or smartphone data should obtain specific written consent from employees, including permission to access the content itself and the logs concerning text messages, calls, emails, photos, video, and search history. Consent may be hard to obtain during an investigation; therefore, the careful employer will obtain that consent well in advance of any need to access the data.
Dorraine Larison concentrates her practice in the areas of bankruptcy law, debtor/creditor law, and employment law. She has extensive experience in the areas of commercial financing, creditors’ rights, and creditor ...
The information contained in this post is provided to alert you to legal developments and should not be considered legal advice. It is not intended to and does not create an attorney-client relationship. Specific questions about how this information affects your particular situation should be addressed to one of the individuals listed. No representations or warranties are made with respect to this information, including, without limitation, as to its completeness, timeliness, or accuracy, and Lathrop GPM shall not be liable for any decision made in connection with the information. The choice of a lawyer is an important decision and should not be based solely on advertisements.