Can an employee be required to present a personal computer system for a forensic investigation and discovery proceedings?
An employee may be required to present personal computer systems and technology devices for discovery if an employer has reason to believe that information pertinent to an investigation or litigation has been accessed or stored by an employee on a computer system outside of the immediate control of the employer. With the increased corporate acceptance of telecommuting and the capabilities of remote access software, employees working on company-related projects on personal computers at home have direct access to corporate files and email, which is discoverable. Privacy concerns and objections by an employee have been addressed by courts, in that protective orders can be issued to restrict the scope of a forensic investigation on a personal computer system and prevent exposing unrelated information.
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