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BYOD & DISCLOSURE · A GUIDE FOR UK LAWYERS BYOD and Disclosure Personal Devices, Work Data and the Collection Nobody Signed Up For COMPUTER FORENSICS LAB
§ ABOUT THE AUTHOR PREPARED BY COMPUTER FORENSICS LAB E-DISCOVERY TEAM PRIVACY-SCOPED EXTRACTION PROTOCOLS CPR PART 35 EXPERT REPORT S FULL CHAIN-OF-CUSTODY DOCUMENTATION
§ CONTENTS In this guide 01 Executive summary 02 The problem in plain English: the company's evidence on the employee's phone 03 Control: when personal-device data is disclosable 04 The routes: consent, contract, compulsion 05 Targeted collection: taking the work, leaving the life 06 Privacy, proportionality and the device owner's rights 07 Leavers, refusers and wiped devices 08 Source architecture: where else the evidence lives 09 Worked examples 10 Common mistakes and technical limitations 11 Questions to ask · Suggested wording 12 Checklist and red flags · When to involve a digital forensic expert 13 Frequently asked questions 14 Glossary · References · Disclaimer · How a specialist laboratory can assist
§ 01 · ORIENTATION Executive summary THE HEADLINE POINT: WORKDATAONPERSONALDEVICESISUSUALLYDISCLOSABLE, RARELYSEIZABLE, ANDALWAYSCOLLECTABLEWITHTHERIGHTPROTOCOL: THECRAFT IS THE PROTOCOL
§ 02 · FIRST PRINCIPLES The problem in plain English: the company's evidence on the employee's phone
§ 03 · CONTROL Control: when personal-device data is disclosable
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§ 04 · THEROUTES The routes: consent, contract, compulsion
§ 05 · THESCALPEL Targeted collection: taking the work, leaving the life
§ 06 · RIGHTS Privacy, proportionality and the device owner's rights
§ 07 · THE HARD CASES Leavers, refusers and wiped devices
§ 08 · THEWIDERMAP Source architecture: where else the evidence lives EVIDENCE DEVICE SYSTEM S / WORK COMPUTER PERSONAL CORPORATE MDM / CLOUD & (TARGETED) TENANCY PROFILE BACKUPS COUNTERPART DELETED / DEVICES RECOVERABLE
§ 09 · IN THE WILD Worked examples EXAMPLE1 · THEPROTOCOLTHATTURNEDAREFUSALINTOAYES EXAMPLE2 · THEDISCLOSURESTATEMENTTHATFORGOTTHEPHONES EXAMPLE3 · THEEXITWIPEANDTHECONTAINERTHATLOGGEDIT
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§ 10 · WHEREITGOESWRONG Common mistakes and technical limitations Common mistakes Technical limitations
§ 11 · INTERROGATORIES & DRAFTING AIDS Questions to ask · Suggested wording Ask your client Ask your opponent Ask your e Discovery / forensic provider SUGGESTED WORDING · CUSTODIANCONSENTPROTOCOL ( CORETERMS )
§ 12 · QUICK CONTROL Checklist and red flags · When to involve a digital forensic expert The BYOD checklist Red flags When to involve a digital forensic expert
§ 13 · COMMON QUESTIONS Frequently asked questions Can my client require an employee to hand over their personal phone? Is Whats App on a director's personal phone within the company's control? What if the custodian's phone also holds another employer's confidential data? Our custodian left the company last year and will not cooperate. Options? Does GDPR prevent BYOD collection? What should a BYOD policy say to make disclosure workable?
§ 14 · REFERENCE Glossary BYOD MDM Sources and authoritative references DISCLAIMER
§ HOW A SPECIALIST LABORATORY CAN ASSIST Working with Computer Forensics Lab Speak to a forensic examiner, not a salesperson. INSTRUCTTHELAB NEWENQUIRIESEMAILE - DISCOVERY
Cite as: Joseph Naghdi, BYOD And Disclosure, Computer Forensics Lab, https://e-discovery.uk/library/byod-and-disclosure/pdf.