|Gardere Attorney Peter Vogel quoted in Business Insurance article |
Digital devices owned by employees increase employers' risks
|July 29, 2012 11:59 pm|
Employees' love affair with their smartphones, digital tablets and other mobile devices can cause serious security and privacy problems for employers, because an increasing number of workers are bringing their devices to work.
Many employers are agreeing to let workers bring personal mobile devices to the office to keep them happy, improve productivity and perhaps save the company money, experts say. And in many cases, it simply may be a case of bowing to the inevitable, because workers are bringing their phones and tablets to work anyway.
Therefore, it is critical firms establish policies for the use of these personal devices to ensure company data is protected, experts say. There also are steps firms can take to segregate company and personal data.
The use of personal devices at work also raises complex privacy issues. Two years ago, the U.S. Supreme Court decided in The City of Ontario et al. vs. Jeff Quon et al. “that employees that use company-issued devices are not entitled to privacy,” said Peter S. Vogel, a partner with Gardere Wynne Sewell L.L.P. in Dallas.
However, if an employee is using his or her own device but doing company business and emailing intellectual property or conducting work over the personal device, “it becomes very complicated as to whether or not the employee is entitled to privacy” and who owns the intellectual property that is developed, Mr. Vogel said.
Copyright © 2012. Crain Communications, Inc.
Send this page to a friend