HR/LR Policy 1438

HR/LR Policy # 1438 Mobile Device Use : No expectation of privacy.
Employees do not have any right or expectation of privacy when using state mobile devices or when using personal mobile devices for state business and/or to access state data, networks, or other IT resources (e.g., email, voice communication, data, text messaging, etc.).
1. The use of a personal mobile device for state business and/or to access state data or networks may result in the collection, creation, storage, or maintenance of government data, and this data is subject to the provisions of the Act and all other legal requirements......
3. If the agency receives a request for data under the Act, or if the agency receives a request for data in discovery or in relation to other legal proceedings, the employee is responsible for providing to the agency all responsive data stored on any personal mobile device used for state business, and must cooperate with the agency’s efforts to obtain such data from the mobile device, which may include providing the personal mobile device to the agency or to MNIT. This may require the agency or MNIT to copy the entire device, including personal information, because it may not be able to differentiate or otherwise separate personal and government data.
4. Employees are expected to cooperate with agency or MNIT requests to access personal mobile devices that are used to conduct state business and/or access state data or networks in order to:
(a) Implement security controls.
(b) Respond to discovery requests in administrative, civil, or criminal proceedings.
(c) Audit compliance with state policies and procedures regarding the use of state data.
(d) Conduct investigations into employee misconduct.
(e) Other business purposes as determined by the agency or MNIT.
5. To the extent reasonably possible, the agency/MNIT will not retain or use any personal data stored or maintained on the personal mobile device.

Statutory References
M.S. 43A.38, subd. 4, Code of Ethics for Employees in the Executive Branch, Use of State Property
M.S. Chapter 13, Government Data Practices
M.S. 138.17, Government Records; Administration
M.S. 169.475, Use of Wireless Communications Device
5 U.S.C., sections 7321 – 7326, Hatch Act
18 U.S.C., section 119, Wire and Electronic Communications Interception
18 U.S.C. 2701-2711, Stored Wire and Electronic Communications and Transactional Records Access