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Phones Supported Via Stipend - FOIA/Subpoena
Are any of you struggling with how to handle discovery issues related to the use of personal phones for university use when employees are receiving a stipend for cell phones? In particular, how would employees and the university handle requests for information on university activities conducted on personal phones as related to a FOIA request and subpoena?
Our legal counsel believes that employees should proactively retaining records (text, email, etc.) associated with personal communication device use related to business activities. In particular, it seems that producing records will be the responsibility of the employee, should a FOIA request be made or subpoena enacted. On the flip side, it is the responsibility of the university, in legal counsel estimation, to indicate what records would be exempt from discovery (e.g. my text messages from my son, phone calls from partner, etc.) on personally owned devices.
Do any of you have a policy or procedures to handle this? Are your institutions seeking a measure of protection for employees so that personal records are not collected related to university activities? A different interpretation? General thoughts?
Thanks in advance for your thoughts!
Sharon P. Pitt
Interim Deputy CIO
Interim Executive Director, Technology Systems Division
George Mason University
Executive Director, 4-VA
351 Aquia Building
Fairfax, VA 22030