Rieck and Crotty, P.C. | Chicago's Business Lawyers

Does Your Company Have a Camera Phone Policy? It Should! May-June-05

There has been a recent explosion in the use of cellular telephones and personal digital assistants (“PDAs”), particularly those that have instant messaging and digital imaging capabilities. While these devices may be convenient, they present new potential problems to businesses. Aside from the lost productivity resulting from employees’ use of mobile technology for personal matters during business hours, camera phones and other photo capable devices also threaten the ability of businesses to protect confidential information such as new product designs and manufacturing capabilities from employees and outsiders. Such devices also threaten employee privacy in the workplace, including areas that are considered highly private such as locker rooms and restrooms, and could subject the business to a claim of invasion of privacy, sexual harassment, or a hostile work environment by its employees.

All businesses are well advised to adopt a policy regulating photo capable devices. Since the threat against a company’s confidential information exists from both employees and outsiders, such a policy should establish who – if anyone – may use photo capable devices in the business facility and regulate or prohibit the use of photo capable devices by company employees and all non-employee visitors, including customers, vendors, and repairmen who enter the workplace.

Among the other topics a comprehensive policy should cover:

· Whether mobile phones, PDAs and all other photo capable devices of any type are not allowed in any business facilities under any circumstances. Phones must be left in the person’s vehicle.

· Whether employees who bring photo capable devices into the workplace will be subject to disciplinary action including termination.

· Whether employees who bring photo capable devices into the workplace and use them may be subject to legal actions for theft of confidential company information or company intellectual property in addition to termination.

· Whether all visitors are required to leave photo capable devices in their vehicles or to surrender them to a senior manager before entry into the facility. Visitors who refuse to do so should not be permitted to enter the facility.

· Whether the only approved mobile phones for use by employees who are required to have and use a mobile phone in the execution of their assignments are those that do not contain photographic capabilities.

If you would like our assistance in developing a mobile communication device policy for your business, please do not hesitate to telephone the lawyer at our firm with whom you regularly work.

Rieck and Crotty, P.C. | Chicago's Business Lawyers

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