Employee-Owned Devices Muddy Data Privacy Rights 165
snydeq writes "As companies increasingly enable employees to bring their own devices into business environments, significant legal questions remain regarding the data consumed and created on these employee-owned technologies. 'Strictly speaking, employees have no privacy rights for what's transmitted on company equipment, but employers don't necessarily have access rights to what's transmitted on employees' own devices, such as smartphones, tablets, and home PCs. Also unclear are the rights for information that moves between personal and corporate devices, such as between one employee who uses her own Android and an employee who uses the corporate-issued iPhone. ... This confusion extends to trade secrets and other confidential data, as well as to e-discovery. When employees store company data on their personal devices, that could invalidate the trade secrets, as they've left the employer's control. Given that email clients such as Outlook and Apple Mail store local copies (again, on smartphones, tablets, and home PCs) of server-based email, theoretically many companies' trade secrets are no longer secret.'"
Why link to another Galen Gruman article? (Score:5, Informative)
If InfoWorld cannot get enough hits on his articles by themselves (see other discussions here) then why does Slashdot have to link to them?
How to thwart the high priests of IT
http://it.slashdot.org/story/11/12/18/2154224/how-to-thwart-the-high-priests-in-it [slashdot.org]
Seriously?
Things folks don't think about. (Score:5, Informative)
There are a few things that the users who want company (email/data/whatever) on their personal (iCrap/PC/whatever) don't think about.
1) Is the remote wipe functionality such that if I have to zap your device it will only nuke the company data? Are you willing to lose ALL the data on your phone? I've heard about folks suing their employers over this.
2) If I suspect you're up to no good and you're using a company device I can take that device and conduct forensic analysis on it. If it's your personal device I can't force you to surrender it.
3) Are you willing to pay for whatever security software IT mandates?
I know there are some Mobile Device Management packages out there working on this, and hopefully the best practices will all be sorted out soon. However coming up with these best practices (and buying the software/etc to support them) is not free. So to the employee they think "Hey, this doesn't cost you anything! I bought the phone!" But they don't see the TCO at all.
Simple, really (Score:5, Informative)
Many large companies have very simple policies about this for this very reason: ABSOLUTELY NO DEVICES NOT COMPANY SUPPLIED ON THE NETWORK. If the company is counting on trade-secret status for things like customer lists of course this is going to be in jeopardy once the customer list is loaded onto a non-corporate-owned device. It is at least going to open the door sufficiently that it is going to be very expensive to litigate in the future.
You can easily envision the employee with the customer list on their personally-owned phone walking into their new employer with what they feel is a leg up on all the other sales people. It's on their phone, it is their list of contacts that they have been dealing with for years and now they can offer them new stuff from their new employer. Why not, right? Well, if you do it with paper you are going to get sued. My guess is that if you do it with your phone it is going to be a lot more complicated than it would have been before.
A large part of the problem is that some companies simply do not understand the ramifications of having their supposedly private, secret information scattered about. They plug in a wireless router on the internal network without thinking it through, perhaps comforted by the knowedge that they used the best 26-character WEP password they could think up.The president brings in a iPad into a completely Windows-centric environment and wants to be able to use it with company data - not knowing that the application makes a static copy of the entire database on the device.
Yes, there are some nice nifty devices out there that the company hasn't seen fit to buy yet. That doesn't mean they should be on the network. And the whole question of user-owned devices being securely within the trade-secret umbrella or not is one that will only be resolved through a lot of court cases. And some people would do very well to remember that it isn't the successful business that gets to be one of the "first" in litigation.
Re:Email a trade secret? (Score:4, Informative)
For the same reason why they went to a great deal of trouble to secure a Blackberry for President Obama to use. Professionals of all stripes have become attached to one piece of equipment or another that they depend on to be productive (or more productive.) It's not about "toys" as much as it's about the professional employee trying to retain the tools that help him or her to do the job most effectively. The employer's standard tools might be adequate but if the employee is capable of providing 10% more on familiar equipment, why force the employee to switch? Liability, lawsuits, NDA's, espionage, blah, blah, blah. All of that is a lot of FEAR. I'll admit, my first reaction when I heard about employees bringing their own equipment to work was to think, "stupid employees." But the more I've thought about it, the more that I think that it's about the employee and the employer asking the question, "How can we do the most for our customers?" instead of asking "How can we cover our cowardly asses?"
If I had to do a lot of calculations everyday, I'd probably provide my own calculator. If I were working in a kitchen, I'd probably provide my own knife. If somebody's job requires a lot of communication, why should it seem so strange that they want to provide their own smart phone?