Employees frequently use personal cell phones or computers for work purposes or employers may provide company-issued devices. Regardless of the arrangement, it's essential to set clear policies regarding privacy expectations. Federal courts have consistently held that employers may access and search company-issued devices for business-related purposes. Importantly, even when personal devices are used for work, employers may have the right to access information on those devices if there is a legitimate business reason or suspicion of misconduct. Personal devices are not automatically protected from employer scrutiny simply because the employee owns them.
The clarity of your company's policies significantly affects your rights as an employer. For example, in Stavale v. Stavale, the court upheld an employer's right to monitor and access company-owned electronic communication devices without prior notice because the policy explicitly stated the devices were company property, intended for business use, with no expectation of privacy. Conversely, in Stengart v. Loving Care Agency, Inc., the court clarified that an employer’s policy cannot automatically grant unlimited access to purely personal communications unrelated to work. Additionally, in Lazette v. Kulmatycki, accessing personal email accounts without authorization on a company-provided device was deemed potentially unlawful.
Specifically, under Utah Code 34-48-202, employers have significant rights regarding devices provided or subsidized by the employer, including requesting usernames and passwords, monitoring, reviewing, accessing, or blocking electronic data stored on these devices. These actions must remain reasonable and justified by legitimate business purposes.
To protect both the employer and employee, clearly communicate your policies and the scope of your right to access electronic data, whether on company-provided or personal devices used for business purposes. Employees should avoid mixing personal and work-related communications. Using personal messaging apps like WhatsApp, Snapchat, or Instagram for business purposes should be discouraged, and employees should be cautious about storing intimate or potentially offensive material on any device used for work. Implementing clear policies, training employees, and balancing enforcement will help manage privacy expectations and minimize legal risks.
If you need help drafting a privacy policy for devices, please contact one of our attorneys.
