On Wed, Feb 17, 2016 at 1:39 PM, Ilona Koti <[log in to unmask]> wrote:

> I had a similar situation happen to someone I know about six years ago.
>
> A very large company had given them a corporate phone that the company
> paid for, but was clearly intended as a company phone.  The company stated
> that the phone was also able to be used for personal use.  However, the
> phone was registered in the employee's name, under their social security
> number, and the company would reimburse the employee for their phone bill
> on a monthly basis.
>

Yeah... I'm wondering how THIS worked.

If it was a bill being paid by the employee, on an account in THEIR name,
with their SSN... even if the company paid for the phone AND was
reimbursing them for use charges...  the data plan was essentially in the
employee's name.  I can't understand HOW the company would have any rights
to that information.


When the employee was terminated, the company did a remote reset of the
> phone, swiping not only all corporate data, but personal photos and
> messages that the company had previously stated was ok to store on the
> device.  By doing a remote reset and swiping all data, the company had also
> erased potential messages that could have been used against them in the
> legal case that followed by this employee.
>

And again, the only way they could do this is if they had the passcode...
because as you said above, "...the phone was registered in the employee's
name, under their social security number,..." I guarantee you, if it were
ME and my now former employer took an action to "...swiping not only all
corporate data, but personal photos and messages that the company had
previously stated was ok to store on the device..." there would be hell to
pay.


This incident happened about six years ago and there was never a
> resolution, but I had always wondered about the true ownership of data on a
> mobile phone when personal use is allowed, let alone having the phone
> registered to directly to the employee.  Plus the retention/discovery
> issues.
>

If it's a company owned device, with a company owned data plan, and the
employee signs an agreement that says "you can use the phone for personal
use, but whatever is on there, we have complete rights of access to", then
it's a whole different game.


> I think that corporate "phone" policies need to be clearly stated for
> staff, but also discussed with the service provider so that there is no
> confusion when a company needs their equipment/data back from an employee.
>

I agree that policies need to remain current with the times.  We changed
ours a few years ago to address company assigned devices, BYOD, social
media and other more recent developments that result in the generation of
"information assets".



-- 
Larry
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*----Lawrence J. MedinaDanville, CARIM Professional since 1972*

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