Three Data Protection Issues Arising From Personal Mobile Use in the Workplace in the UK

Using personal mobile phones in the workplace has become commonplace. In the UK, most of the working population owns a smartphone, and many use this device to access work-related emails, files and applications. However, using personal mobiles in the workplace raises several data protection issues that your business needs to understand. This article will outline three key data protection issues arising from using personal mobiles in the workplace, so your company can take practical steps to protect its interests.

1. Lack of Data Control

One data protection law issue arising from using personal mobiles in the workplace is employers’ lack of control over the device.

Your business is responsible for securing personal data under data protection legislation (such as the Data Protection Act 2018). Therefore, if an employee uses their smartphone to access work-related information, you are responsible for protecting that data.

Additionally, the General Data Protection Regulation (GDPR) sets out strict requirements for the processing of personal data, which include:

• processing personal data lawfully and fairly;
• ensuring that personal information is obtained and stored proportionately and transparently; and
• putting appropriate security measures in place to protect personal data.

Any failure to comply with GDPR rules can result in hefty financial penalties from the Information Commissioner’s Office (ICO) of up to £17.5m.

2. Mixing Personal and Work Data

Another data protection issue arising from using personal mobiles in the workplace is mixing personal and work-related data. When employees use their personal mobiles to access work-related data, it can be difficult to separate it from personal data stored on the device.

Mixing personal and work data can lead to data protection issues, particularly if the device is lost or stolen. In these cases, it may be challenging to determine which information is personal and which is work-related. Accordingly, this makes it difficult to protect sensitive data.

However, some employees feel that MDM software is intrusive and is a potential invasion of privacy. This means that it is not a one-size-fits-all solution.

3. Employee Privacy Issues

Using personal mobiles in the workplace can also raise issues with staff privacy. Companies have a responsibility to respect the privacy of their staff, including the confidentiality of personal data stored on their smartphones.

One issue is that when staff use their personal smartphones to access work-related data, there is a potential overlap whereby your business may access personal data on that device. This could include private emails, text messages and photos unrelated to work.

You can seek to manage this risk through written policies that outline the circumstances under which your company can access personal data on an employee’s smartphone. You should communicate these policies to employees, who should be allowed to consent for personal data access in specific circumstances.

A commonly written policy is a bring-your-own-device (BYOD) policy. A BYOD policy seeks to set boundaries on using personal devices for work purposes. Additionally, it outlines security rules, such as ensuring strong passwords and encryption use.

Key Takeaways

Using personal smartphones in the workplace is a common practice in the UK. However, this practice raises several data protection issues, including a lack of control over work-related data and a potential invasion of staff privacy. You can address these issues through effective written policies and mobile device management software. Many business owners obtain expert legal advice to ensure that personal data is kept secure and their company fully complies with all relevant data protection requirements.

If you need help ensuring safe personal mobile use in the workplace, our experienced Data, Privacy and IT lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.  

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