It is important to have the technical ability as well as the proper tools to be able to seize evidence from a cell phone or a digital camera. However; it is more important to have the right to seize someone’s cell phone or digital camera in the workplace.
People who own their own digital camera or cell phone may violate a policy in the workplace but an employer may not necessarily have the right to take the device and search it. It is therefore very important for chief information officers in a school, company, or law enforcement office to first check with the general counsel that they have the right to seize and search digital devices from guests, employees, or suspects.
It is often recommended that guests and employees of a government facility or company are notified upon entrance of the cell phone policy which may be posted and distributed to people.
This policy may say that if a person uses a camera phone, digital camera, or other device to record or photograph proprietary data or photograph people who have an expectation of privacy, then one forfeits his or her expectation of privacy and the security department may seize and examine the device.
Having an equally enforced policy regarding the proper and prohibited usages of a digital device and the penalties for non-compliance can save a company or agency expensive litagation and bad press for violating someone’s civil rights.