Protecting Your Cell Phone Data

Protecting Your Data

As the US Supreme Court noted last year in Riley v. California, we are more and more carrying our whole lives on our cell phones. While that case dealt with the Fourth Amendment implications of searching phones, I want to discuss the client confidentiality implications.

Our smart phones allow access to a great deal of work related information.  This can include emails, text messages, your contacts, access to files saved on Google Drive, or other files you may have downloaded directly to your phone. It is easy to imagine a scenario where your phone could be lost or stolen, making all of that information available to whomever finds it.  

Pennsylvania law states that “A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.” (PA Rules of Professional Conduct Rule 1.6).  Since this languages comes from the ABA Model Rules, most other States have similar if not identical rules.

There are several reasonable precautions that can prevent exposure of confidential information when a phone is lost or stolen.

Remote Wipes

If your margolisedelstein.com is set up as an Exchange connection, the IT Department has the ability to wipe your Google account (including phone, contacts, and calendar) from your phone remotely.  We also have the ability to wipe the entire phone back to factory default settings.  The IT Department always sets up phones using an Exchange connection for this very reason.  If, however, you decide to set up your own connection using only the gmail app, or using POP3 or IMAP4 connections, we would not have the ability to wipe data remotely from your phone.  For this reason, it is important to let IT set up your phone, or follow the instructions supplied by IT.

There are also times, however, when you may not be sure if your phone is gone forever, and may not want to wipe it.  You may be hoping it’s just lost in the couch cushions at home or that some good Samaritan may return it.  In such a case, you may not want to wipe your phone.  You may not even realize it is missing for hours, in which time someone else could access your data.

Password/Fingerprint Protection

One very reasonable way to protect data on your phone is to password protect your phone.  Both the iPhone 6 and the Galaxy S5 allow you to save your fingerprint as a way to access your phone.  You must also save a PIN code (for iPhone) or password (for the Galaxy) in the event your fingerprint does not work, or you want to let someone else use the phone. I recommend setting up both the password and fingerprint. You only need to use one or the other to access your phone.

You should have this security set up on your phone.  On the Galaxy S5, you can do this in SETTINGS, FINGERPRINT.  You will be asked to enter your fingerprint and also to set up a password.  Similarly, on the iPhone, go into SETTINGS, then TOUCH ID & PASSCODE to enter your fingerprint and PIN code.

Be very sure you do not forget your password as there is no way this can be reset.  You may want to send IT the password so we can keep a list for your own protection.

Using the fingerprint option makes opening your phone little different from the swipe you make to open it without a password.  So it really adds virtually no increased difficulty.  You also don’t need to enter anything to answer an incoming call.

Returning a Lost Phone if Locked

One other concern raised is that if your phone is password protected, a good Samaritan finding the lost phone would be unable to return it.  

You can address this on the Galaxy S5 by adding your phone number or email address (use your office number, not your cell!) to the lock screen.  Anyone who finds the phone will see this information without having the unlock code.  To set this, go into SETTINGS, then LOCK SCREEN.  Enter your OWNER INFORMATION and check the box to show this on the lock screen.

Another option with the Galaxy S5 is to set certain phone numbers that can be called from the phone without unlocking the screen.  You can set this in SETTINGS, SAFETY ASSISTANCE.  Click on MANAGE EMERGENCY CONTACTS and add your home and/or office numbers.  A good Samaritan finding the phone can call these numbers without unlocking the phone.

Unfortunately, the iPhone does not make things quite so easy.   You could design your own lock screen with your ID on it, but this is a difficult process:

1. Launch Notes from the home screen.
2. Tap Return 3-4 times on the keyboard to make room for the clock on the Lock Screen, and enter your contact information, as well as any other contacts who might be able to help reach you in case you lose your phone.
3. Take a screenshot by holding down the power button and pressing the Home button. Your screenshot will be added to your photos.
4. Go back to your home screen and launch Photos.
5. Find your screenshot (the last image that was saved) and tap the Share button at the bottom of the screen.
6. Tap Use as Wallpaper, and then pinch the screen to scale the image correctly to fit your screen.
7. Tap Set and choose Set Lock Screen.

This new image with your contact information will appear whenever anyone finds your locked phone

If all of this seems too complicated, there is an App for the iPhone called “ICE” (In Case of Emergency) which allows you to add your contact information to the lock screen.  This is a $1.99 App, but is easier than the multi-step process outlined above.

Of course, there is always the low tech approach of taping your name, number, and email on a card to the back of the phone.

Update - the ICE standard app for the iPhone is free.  You can create a lock screen using that app without buying any in-app purchases.  Just fill out the information, you want shown.  I entered my phone number and email under "other information".  Click on "Wallpaper" then "set up lock screen" pick the items you want shown and then "generate image".  Once done, exit the app, go into SETTINGS, then WALLPAPER, select a new wallpaper and choose the image generated by ICE.