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Fifth Amendment › Employee Privacy Rights

Fenwick & West LLP

Game of Phones: Employer-Issued Smartphones and Employee Fifth Amendment Protections

Fenwick & West LLP on

A recent court decision holding that employees can claim the Fifth Amendment and refuse to unlock password-protected smartphones, even though the phones were issued by their employer for company business, demonstrates the...more

Proskauer on Privacy

District Court Rules That Smartphone Passcodes Are Testimonial; Protected by Fifth Amendment

Proskauer on Privacy on

In Securities and Exchange Commission v. Huang, the district court held that the Fifth Amendment protected two former employees against having to disclose their personal passcodes for company-issued smartphones to government...more

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