As technology continues to evolve, organizations are increasingly facing challenges concerning whether, and to what extent, they allow employees to utilize their own devices for work purposes. When employees use their own personal, privately-owned devices to access, manage, and store organization information, organizations are frequently asked to produce information from those devices in litigation, which can impose significant costs on the employer. Whether such information is within the employer’s possession, custody, or control and whether that information is more readily available from other sources are frequent sources of disagreement.
Recently, the Sedona Conference, a non-profit legal research and educational institute that is often cited by courts, weighed in on so-called “Bring Your Own Device” or “BYOD” policies and some of the discoverability issues involved with employee-owned devices. Although the Sedona Conference’s guidelines are unlikely to resolve many of the day-to-day disputes over BYOD discovery issues, they do shed light on the need for employers to take discoverability issues into account when setting BYOD policies.
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On May 1, 2018, this alert was republished by hr.com. Subscribers to hr.com can view the full article here