Mobile data and investigations: Expectations of authorities, challenges and practical tips

Remote working has accelerated the merger of work and private data, particularly on mobile phones and instant messaging services such as WhatsApp. 

While employees are performing their jobs, mobile access may be putting their employers at risk – because work-related communications on unapproved platforms are frequently not preserved in accordance with regulatory requirements (where applicable), and are often inaccessible or overlooked in the event of an investigation or litigation.

Wediscuss:

1. US and UK authorities' expectations in relation to preservation of mobile data; 
2. Practical tips on collection and review of data in a remote working context; 
3. How to best position yourself to be able to access data; and 
4. Dealing with conflicting regulatory expectations and data privacy laws in cross-border investigations.