BYOD (short for “bring your own device”), is all the rage these days. Well, at least you’d think so based on all of the on-line talk about it. See, e.g., this post on the WSJ Blog, CIO Report. The basic idea is that employees are using their own electronic devices, such as smartphones and laptops, for work-related purposes. The causes of the BYOD movement are not entirely clear but one explanation is that employees are dissatisfied with the technology provided by their employer, so they just “bring their own” technology with them.
In any event, the reality is that, even in workplaces where no one brings their own device to work, many of us bring our employer-provided devices home with us. For example, it’s not uncommon for an employee to have just one smartphone, through which he access both his personal and work email accounts. If the employer pays for or subsidizes the cost of the device and/or the monthly charges, there is an argument to be made that the employer may have some rights to access all data stored on the phone.