Privacy Rights and Personal Devices: What Federal Employees Need to Know

Like many companies in the private sector, many federal agencies now allow (if not encourage) their employees to use their personal devices for work. Whether federal employees work in the office, in the field or at home, allowing them to use their personal devices can help reduce government spending while also improving both employee satisfaction and work efficiency. But if you use a personal device for your government work, what does this mean for your right to privacy? Keep reading to find out from federal employment lawyer Jamaal (Jay) W. Stafford.

What You Need to Know About Using Your Personal Phone, Tablet or Computer as a Federal Employee

All federal employees have privacy rights under the Privacy Act of 1974. While this federal statute may now be half a century old, its breadth allows for continued application in today’s technology-driven work environments. As the U.S. Department of Justice (DOJ) explains:

“Under the Privacy Act’s disclosure provision, agencies generally are prohibited from disclosing [personal] records by any means of communication – written, oral, electronic, or mechanical – without the written consent of the individual, subject to twelve exceptions.”

Thus, the general rule is that federal agencies may not disclose their employees’ personal information. This includes personal information stored on personal devices that employees use for government purposes. As the Executive Services Directorate further explains, “As an individual, whenever you are requested to provide personal information to a Federal agency, you are entitled to know the following: the legal authority for requesting the information, the purpose for collecting it, what related uses might be made of this information, whether your response is mandatory or voluntary, and what effect your refusal to provide the information would have.”

However, as the DOJ notes, there are exceptions. As a result, there are some circumstances in which federal agencies may access and disclose employees’ personal records for purposes unrelated to general employment administration. Given that this is the case, here are some important considerations for federal employees to keep in mind when using their personal devices for work:  

You Should Only Use a Personal Device for Work if Your Agency Approves

First and foremost, you should only use a personal device for work if your agency approves. Different federal agencies have different policies regarding personal devices. Some agencies’ policies are much stricter than others, and to ensure that you are not putting your privacy at risk, you should only use your personal devices in strict accordance with the authorization (if any) you have been given.

Generally speaking, if you use an approved personal device for work in accordance with your agency’s personal device policies, the Privacy Act’s disclosure provisions and other pertinent protections will apply. However, if you use a personal device without your agency’s approval, this can put you in an entirely different situation. Depending on your position within the federal government and the specific information you have on your phone, tablet or computer, unauthorized use could subject you to serious consequences—up to and including criminal consequences in some cases. In disciplinary proceedings and criminal enforcement proceedings, different rules apply, and you won’t necessarily have the same privacy rights that you would in other circumstances.

Federal Employees’ Privacy Rights Apply Regardless of Where Information is Stored (Subject to Exceptions)

With regard to personal information, federal employees’ privacy rights apply regardless of where the information is stored (subject to the considerations discussed above). In other words, whether your personal information is stored on a government computer or an approved personal device, the Privacy Act applies.

With that said, it is up to you to protect your privacy rights. When using a personal device, you must be careful to adhere to your agency’s policies, and if your agency requires you to sign a user agreement, you must comply with the terms of your agreement. These agreements often allow the government to conduct searches and seizures of employees’ personal devices, and some even go so far as to authorize confiscation and destruction of employees’ personal devices. Before signing a user agreement, you should read it carefully, and, in any case, you should make sure you are confident in your ability to comply with your agency’s personal device policies. Similar to using a personal device without authorization, non-compliant use can have serious consequences in some cases.

Blending Personal and Government Information Can Create Challenges

If you use a personal device for work as a federal employee, you should be sure to keep your personal information separate from any government information stored on your phone, laptop or computer. Keeping personal information and government information in the same folder or on the same drive, using a personal email address for government purposes, and other similar means of blending personal and government information can create challenges when it comes to protecting your privacy.

Federal Agencies Can Improperly Use Employees’ Private Information in Various Ways

While the Privacy Act and other federal laws and regulations protect federal employees’ privacy rights, federal agencies still can (and do) improperly use employees’ private information in various ways. With this in mind, if you have reason to believe that the government has violated your privacy rights as a federal employee, you should not ignore your concerns. Instead, you should seek advice from an experienced federal employment lawyer.

If the Federal Government has Violated Your Privacy Rights, You Should Take Action

If your federal employment lawyer determines that the government has violated your privacy rights, you should work with your lawyer to take appropriate legal action. What this entails will depend on the specific circumstances involved. Privacy violations can have serious consequences, and if you are facing unwarranted consequences, you will want to make sure that you seek all of the remedies available to you under federal law.

Discuss Your Legal Rights with an Experienced Federal Employment Lawyer in Confidence

Do you have questions about your legal rights as a federal employee? If so, we encourage you to get in touch. To schedule a confidential consultation with an experienced federal employment lawyer at The Law Firm of J.W. Stafford, please call 410-514-6099 or contact us confidentially online today.