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It seems everyone carries a smart phone now—a cellular phone with advanced capabilities (such as a BlackBerry or iPhone). A smart phone can be invaluable to an employee because it enables the employee to check emails and to review documents while out of the office. But improper smart phone use by employees can create serious issues for an employer. One such issue involves accidental disclosure of confidential company or client information.
Despite its small size, a smart phone may contain tremendous quantities of confidential information, and letting a smart phone fall into the wrong hands could lead to a massive security breach. For example, if a lawyer inadvertently leaves a smart phone on the counter at a coffee shop, the barista or a patron, in an attempt to identify the phone’s owner, could potentially read attorney-client communications and attorney work product documents.
To protect confidential documents and emails from accidental disclosure, an employer should develop policies to address the applications and data that can be downloaded and accessed via smart phones. And, to further minimize potential security breaches, an employer should require smart phone users to utilize strong passwords and to update them frequently. For assistance in drafting an employment policy that addresses smart phone use by employees, please contact the Dallas employment lawyers of Clouse Dunn LLP at info@cdklawyers.com.
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