ACEDS featured Keeping Personal Data Private in Mobile Device Discovery by Helen Geib, General Counsel at QDiscovery on the ACEDS blog. The article covers some of the key ways to respect the privacy of personal information on mobile devices during investigations and also covers the capabilities and limitations that mobile devices present.
Excerpt from Keeping Personal Data Private in Mobile Device Discovery on the ACEDS blog:
“What can you do to protect personal information when you collect data from a phone?” This is one of the most frequently asked questions of our forensics practice group.
One reason we hear this question so often is we’re seeing a lot more mobile devices. In particular, the explosive growth of mobile messaging is driving a rapid increase in mobile device discovery.
Of course, the main reason we get asked this question is there’s a tremendous amount of personal data on mobile devices. People may have their entire lives on their smartphones.
This is a serious issue for our corporate clients as well as for our individual clients. A separate device used solely for work is the rare exception. Intermingling of business and personal data on one device is the norm. This is true whether the device is employer-owned or BYOD.
Companies involved in litigation have a legal duty to obtain relevant business data from employees’ mobile devices. At the same time, they want to respect their employees’ privacy. They also don’t want to waste time and money having outside counsel review irrelevant material.