With the rising trend of ‘bring your own device’ (BYOD) policies, litigants now often face subpoenas or discovery requests for forensic collections of text messages. Compliance to these demands has significant implications since courts widely consider personal mobile data within their jurisdiction. Consequently, proactive steps must be undertaken by the counsel to ensure the accurate preservation and collection of personal mobile data and enforce client compliance. This helps to avoid potential pitfalls and any associated sanctions.
Law.com emphasizes the importance of organizations to reassess their policies. These reviews should focus on prohibiting company business on personal devices and providing the company with rights to image personal devices if they comprise business communications.
Both the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) have demonstrated that they will consider a company’s BYOD policy when determining the delivery of matters under their control. This approach stresses the need for effective and efficient corporate governance of BYOD policies and practices. It underscores the essential role of these policies in avoiding common failures in the collection of personal devices and fulfilling legal obligations.