Carolyn wrote " I saw a report that the phone was purchased and provided by the San Bernardino Health Department to their employee, and the Health Department has approved the search of the phone by the FBI."

Let's stipulate that the phone is owned by the County and not by the individual.  I am not an attorney, and frankly much of what I know on this subject is due to the information shared over the years on this Listserv.  It would seem then a slam dunk that the County could provide that authorization to "open" the contents.  But not so fast...

What does the State of California say about employees' expectation for privacy in the work environment?  Does/did San Bernardino have a written explanation of these rights and the rights of the County to read that content?  Can it provide documentation that any individual received the information about the policy?  This is true on many such devices: computers, laptops, phones, etc.  

Europe has even more to say about what corporate owners can and cannot do when it comes to employee privacy.  The answer in the San Bernardino situation is probably out there.  I write this only to say that it might not be as clear as we think it should be.  It is also another good example of the importance of Information Governance in any organization.

David B. Steward, CRM IGP
Director of Records
 
HUSCH BLACKWELL LLP
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