Is my employer allowed to take data from my personal paid cell phone for a litigation they are under?

UPDATED: Oct 1, 2022

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Is my employer allowed to take data from my personal paid cell phone for a litigation they are under?

The company I work for is currently undergoing a litigation. I am being told my our in office legal team that they can use data from my personal cell phone to use for their case. Is this allowed? I personally own and pay for this phone. I think that is a huge invasion of privacy but I don’t know the laws around this type of thing.

Asked on October 4, 2018 under Employment Labor Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If it is your personal phone which you pay for, they can only get the data:
1) If it is relevant and they subpoena it (and you cannot successfully fight the subpoena, such as on grounds that some information is priviliged); or 
2) If tell you to give the data or else they will fire you, and you choose to comply.
Your employer could terminate you for not helping it during litigation, so you need to weigh how much you want to resist providing the data.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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