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.
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