LOCAL 3390
Personal device for work purposes
Posted On: Mar 23, 2017

Dear friends,

Please read with an open mind.

Subject:  personal devices cell phone or computers and work related data.

Per the Union’s Attorney,

ANY work related; email, text, or mobile phone application provided by an employer that is on your personal phone or computer, makes your device and that data automatically subject to mandatory Freedom of Information Act.  Reason? That data may contain district related activity.  Per the Union’s Attorney,  these requests for data under the Freedom of Information Act for the data stored on your personal devices can come from anyone.  But the main culprit is a new cottage industry in the legal profession.  This new industry targets public agencies who are legally obligated to provide all requested data that is work related data.  What these attorneys are hoping for is?  The agency or the employees will fail to provide all the data as requested.  When that failure happens?  Those attorney’s sue the public agency for the failure to provide the requested data under the Freedom of Information Act.  Simply put, a Judge can then place a subpoena on your personal devices.  Besides losing the use of your device’s, they can possibly retrieve other private data from your devices while looking for the work data.   Nobody wants that to happen 

Ideas to keep your privacy private.

  1. Just don’t do any FD business on your personal device.  No Emails, No texts, no app’s.  If the attorneys come asking you for that work data?  You will have to sign an affidavit stating that there is no district/work related information is on your devices.   Something to consider, If everyone in the local is receiving $60.00 a year for receiving data from the district? It would be safe to assume, your personal devices will have work related data on them.  Then an affidavit would not valid for FD5 local members if they were taking the $60.00 a year.
  2. Get 2 different phones/computers.  One for private use. One for work stuff only.  And don’t get them confused.   If a FIA request happens, you hand over the device used for work stuff and keep the private one.
  3. If the top 2 ideas aren't do able?  Members’ should take screen shots of all work related data/text/emails, save them by printing or placing them in a file for the future requests.

 Questions about Private and Union business over district owed Wi-fi.   

It is Not a good Idea.

  1. The union and or members should never assume that if they connected to the district owed Wi-fi, that union/private info couldn’t not be corrupted by the employer or made public by a simple request via the FIA.
  2. The Union could provide a Union run Wi-fi for conducting union business or allowed private use for local members for non-work related data.   But, if any data that is FD/work related and it is going through a cable/phone line that is in a fire station?  That data is possibly now subject to the FIA request and must be saved.
  3. The Union could consider providing cellular hot spot devices which won’t be using FD owed wires.   The operation cost and coverage of cellular data would be our main concern.
  4. Don’t use FD sponsored App’s on your personal device’s for the same reasons of FIA.

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Contact Info
IAFF Local 3390
PO Box 2625
Gig Harbor, WA 98335
 

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