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Given that personal electronics are so prevalent in today’s society, navigating how to implement and enforce policies in the workplace regarding the use of devices (such as cell phones, tablets, and computers) can be challenging. It is often questioned who has the control over the records that are created and stored on such devices – is it the employee or the employer? Employees argue that they have the legal rights to the digital records since they are the ones who physically own and pay for the devices. Employers, on the other hand, maintain that because they pay their employees to create those records and the work product is created specifically for the organization’s use, they have the legal rights to the digital records.
Organizations that offer a bringyourowndevice (BYOD) policy are faced with establishing appropriate legal relationships with their employees that explicitly makes clear the ownership of the digital records created on employees’ devices. This policy should also explain that the employer has the right to take control of a device, right to confiscate a device, and the right to conduct a full investigation of a device. Because employees are likely to be more sensitive about having their personal property confiscated or investigated, it is paramount that employers make policies as clear as possible to avoid any possible issues with employees.
To avoid the challenges of a BYOD policy, organizations might instead opt to implement a program that supplies employees with devices. These programs, commonly referred to as companyowned personalenabled (COPE), limit the amount of personal purposes that an employee can use the device for. However, even with a COPE program in place, organizations should still establish policies clarifying the authorized uses of the device, the possibility for confiscation and/or investigation, and the legal rights to the digital records kept on the device.
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