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Is Your Personal Device Personal?

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TJ McDermott
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Blogger
Personal may become very public
TJ McDermott   11/13/2012 12:28:06 PM
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If one's personal smartphone is used for business, could it be subpoenaed should your company become a participant in a lawsuit?  Could the entire contents of the smartphone, (and by extension, your entire personal account) become part of the lawsuit?

 

Rob Spiegel
User Rank
Blogger
Using a personal device for company business
Rob Spiegel   11/13/2012 12:44:00 PM
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More and more, I'm hearing that people are using personal devices for business. There are a number of reasons. Some people prefer the iPhone over the company Blackberry. In another instance, I have a friend who quit using the company phone because the company was scrutinizing phone records to see if the company phone had any personal calls on it.

Jennifer Campbell
User Rank
Gold
Re: Personal may become very public
Jennifer Campbell   11/13/2012 2:22:30 PM
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Yes, TJ, that sounds about right. In my opinion, the contents of a smartphone is no different than a reporter's notebook, which is fair game for either side to subpoena in a lawsuit.

Charles Murray
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Blogger
Personal devices are familiar
Charles Murray   11/13/2012 6:19:11 PM
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One thing that's not mentioned here is familiarity. Sometimes it's easier to use your personal device simply because you know it. Every new device has a learning curve and we don't always have time to do the learning.

Nancy Golden
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Platinum
Using a Company Phone For Personal Reasons
Nancy Golden   11/13/2012 7:21:32 PM
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In response to "Do you use your company mobile device for personal reasons?" I bet many of us are guilty of that one.

I think this happens to a lot for those of us who deal with international phone calls and are never really "off." Often we get a phone call at 8:00pm since that is when the Chinese business day starts rolling. It would be way too hard to carry around two phones for phone calls so in this case the company (who of course has access to the phone records) can see personal calls being made, but its a trade off they are okay with since we are willing to accept business phone calls 24/7.

richnass
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Blogger
Re: Using a Company Phone For Personal Reasons
richnass   11/13/2012 10:37:43 PM
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I agree with you Nancy. I'll admit that I've made the occasional personal call on my company cell phone, but it certakinly equals out.

Battar
User Rank
Platinum
Re: Personal may become very public
Battar   11/14/2012 9:11:55 AM
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No, your personal device probably could not be held, but if you use it to send or receive e-mails or access and update company data, that data is held on company servers, so its irrelevant. What you should be worried about is the fact that if you hold company confidential data on your personal device, and that device is stolen (or even if you lend it for other purposes), you could be responsible for the loss or transferral of that data.

Larry M
User Rank
Platinum
Re: Personal may become very public
Larry M   11/14/2012 9:25:31 AM
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The trendy name for this is BYOD, or "Bring Your Own Device." It has become popular with many of the large enterprises including IBM. Try an internet search for BYOD.

GTOlover
User Rank
Platinum
Re: Using a Company Phone For Personal Reasons
GTOlover   11/14/2012 11:27:07 AM
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I cannot speak for all companies, but the last two I have worked for required travel. The companies provided company cell phones and laptops. They were very generous with using these devices for personal use. My thinking is that this has to be honored to some degree as you are sacrificing time away from family to travel for the company. The least they could provide is a means of communication. I do understand that this has to be tempered with common sense and you do not use the company supplied devices for extensive personal use.

Nancy, I do not feel any guilt in trying to communicate for personal reasons on company devices. Just as you pointed out, several times I communicate business on personal time!

Nancy Golden
User Rank
Platinum
Re: Using a Company Phone For Personal Reasons
Nancy Golden   11/14/2012 11:41:23 AM
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I agree, GTOlover. I think what you said about being tempered with common sense is key. Unfortunately a lot of companies have become less tolerant because of flagrant abuse. A professional should know what constitutes abuse and what is a fair exchange. As always, one bad apple can cause a company response to an otherwise logical and efficient use of company resources...

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