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Kimberly Peretti is a partner in the Washington, DC, office of Alston & Bird LLP, where she co-leads the Security Incident Management and Response Group. Bruce Sarkisian is an associate in the Atlanta office of the same firm. In addition, Kim serves as Co-Chair, and Bruce serves as Co-Vice-Chair, of the E-Privacy Law Committee in the ABA Section of Science & Technology Law. Kim can be reached at Kimberly.Peretti@alston.com, and Bruce can be reached at Bruce.Sarkisian@alston.com.
With BYOD (bring your own device) nearly a foregone conclusion in many organizations, one of the next puzzles to solve will be what happens when data on an employee-owned mobile device, or the mobile device itself, becomes the subject of an investigation. In these circumstances, companies must have the legal right to access both the device and the data it contains as well as the forensic tools to extract and review the data.