Data Protection Act 1998

Bring your own

device (BYOD)
Please note: The following information has not been updated since the Data Protection
Act 2018 became law. Although there may be some subtle differences between the
guidance in this document and guidance reflecting the new law - we still consider the
information useful.

Contents

Introduction............................................................................. 3
Overview ................................................................................. 3
What the DPA says ................................................................... 3
What is BYOD? ......................................................................... 4
What are the risks? .................................................................. 4
What are the benefits? .............................................................. 5
What to consider?..................................................................... 5
Having a clear BYOD policy ..................................................... 6
Top tips:............................................................................... 6
Where is the personal data stored? .......................................... 6
Top tips:............................................................................... 7
How is the data transferred? ................................................... 8
Top tips:............................................................................... 9
How will you control the device? .............................................. 9
How will you secure the device? ............................................ 10
Top tips:............................................................................. 11
Monitoring at work ................................................................. 11
Top tips:............................................................................. 11
Other data protection risks? ..................................................... 12
Other risks? ........................................................................... 12
Summary .............................................................................. 13
Further information ................................................................ 13
Introduction

The Data Protection Act 1998 (the DPA) is based around eight
principles of ‘good information handling’. These give people specific
rights in relation to their personal information and place certain
obligations on those organisations that are responsible for
processing it.

An overview of the main provisions of the DPA can be found in The

Guide to Data Protection.

This is part of a series of guidance, which goes into more detail than
the Guide, to help data controllers fully understand their obligations
and promote good practice.

This guidance explains to data controllers what they need to

consider when permitting the use of personal devices to process
personal data for which they are responsible for.

Overview

 Bring your own device raises a number of data protection

concerns due to the fact that the device is owned by the user
rather than the data controller.

 It is crucial that the data controller ensures that all processing

for personal data which is under his control remains in
compliance with the DPA.

 Protecting data in the event of loss or theft of the device will

need to be considered but not to the exclusion of other risks.

 Data controllers must also remain mindful of the personal usage

of such devices and technical and organisations used to protect
personal data must remain proportionate to and justified by real
benefits that will be delivered.

What the DPA says

The seventh principle says: appropriate technical and

organisational measures shall be taken against accidental loss
or destruction of, or damage to, personal data.
It means you must have appropriate security in place to prevent the
personal data you hold from being accidently or deliberately
compromised. This is relevant if personal data is being processed on
devices which you may not have direct control over.

What is BYOD?
1. Consumer electronic devices such as smart phones and tablet
computers have seen a huge rise in popularity, available features
and capability. Many data controllers are faced with demands
from employees, board members or even clients wishing to use
these devices in the workplace to carry out their jobs. This might
mean that individuals’ own devices are used to access and store
corporate information, as well as their own.

2. This trend is commonly known as ‘bring your own device’ or

BYOD.

3. Permitting a range of devices to process personal data held by an

organisation gives rise to a number of questions a data controller
must answer in order to continue to comply with its data
protection obligations. It is important to remember that the
data controller must remain in control of the personal data
for which he is responsible, regardless of the ownership of
the device used to carry out the processing.

What are the risks?

4. The underlying feature of BYOD is that the user owns, maintains
and supports the device. This means that the data controller will
have significantly less control over the device than it would have
over a traditional corporately owned and provided device. The
security of the data is therefore a primary concern given that the
data controller may have a large number and a wide range of
devices to consider. The controller will need to assess:

 what type of data is held;

 where data may be stored;
 how it is transferred;
 potential for data leakage;
 blurring of personal and business use;
 the device’s security capacities;
  what to do if the person who owns the device leaves their
employment; and
 how to deal with the loss, theft, failure and support of a
device.
5. The Data Protection Act 1998 (DPA) requires that the data
controller must take appropriate technical and organisational
measures against unauthorised or unlawful processing of
personal data and against accidental loss or destruction of, or
damage to, personal data.

What are the benefits?

6. An effective BYOD policy can lead to a number of benefits
including improved employee job satisfaction, overall morale
increase, increased job efficiency and increased flexibility. By
considering the risks to data protection at the outset, a data
controller has the opportunity to embed data protection at the
core of its business activities and to raise overall standards, for
example by specifying the types of personal data that can be
stored on particular devices and which should not (say, the
storage of particularly sensitive data could be denied or
restricted to devices with a high level of encryption).

7. A BYOD policy and implementation plan could also lead to a

better separation of data. For example, an organisation might
wish to place restrictions on particular internet sites accessed via
the corporate network to reduce the likelihood of data leakage or
the inappropriate use of corporate communication systems. The
organisation could then set-up a Wi-Fi network, separate from
the corporate system, and allow employees to connect to this
network with their personal devices.

What to consider?
8. The specific risks that a BYOD policy addresses will be unique to
each organisation. However, considering the points set out in this
guidance can help to ensure that the risks associated with BYOD
are appropriately managed.

9. The starting point should be to audit the types of personal data

you are processing and the devices, including their ownership,
which will be used to hold it. An important question to consider is
which personal data can be processed on a personal device (that
is one owned by an employee) and which must be held in a more
 restrictive environment. You must also consider whether
employees’ use of their own devices will mean that the employer
ends up processing non-corporate information about the owner
of the device and possibly others who use it, for example family
members. Consider whether the controls you have in place are
appropriate for any sensitive personal data being processed.

10. You should determine the impact a move to BYOD would have
on services you share with other organisations and whether or
not this would contravene any existing agreements. BYOD must
not introduce vulnerabilities into existing secure
environments.

Having a clear BYOD policy

11. It is important that users connecting their own devices to your

IT systems clearly understand their responsibilities.

12. Do not forget that an important component of any policy is

audit and on-going monitoring of compliance. Regular checks will
ensure that the policy is being adhered to.

Top tips:

 Implement and maintain an Acceptable Use Policy to provide

guidance and accountability of behaviour;
 Consider your need for a Social Media Policy if BYOD leads to
an increased use of social media;
 Be clear about which types of personal data may be
processed on personal devices and which may not; and
 Include all relevant departments (including IT & HR) and the
end users in the development of an Acceptable Use Policy.

Where is the personal data stored?

13. Personal data being processed via a personal device might be

stored in one, or a combination, of the following locations:

 On the device;
 On a server within the organisation’s IT network (or other
private cloud); or
 In a private, community or public cloud.
14. Regardless of where the data is stored, you will have to take
appropriate measures to protect against unauthorised or
 unlawful access, for example if the device is lost or stolen. This
remains your responsibility as the data controller.

15. Such measures can include controlling access to the data or

device using a password or PIN, or encrypting the data. You
should remember that the loss or theft of the device is not the
only means by which unauthorised or unlawful access may occur.
For example, a device may be shared amongst family members
in a way that is inappropriate if personal data for which you are
the data controller is stored on it.

16. If personal data is stored in a remote location, either within

the corporate network or in the public cloud, then it is important
to consider the security of the access credentials in the event of
loss or theft of the device. For example, if a device is used to
access a cloud service and permits users to remain logged in
between sessions, unauthorised access to the device could easily
result in an unauthorised disclosure of personal data.

17. You should identify the type of storage media on the device.
Some devices may use an easily removable memory card, such
as a micro or mini SD card, meaning that a loss or theft of data
may go unnoticed for some time.

18. Devices may offer additional protection through the option to

sandbox or ring-fence data, for example by keeping data
contained within a specific app. If this is the case, and you are
relying on this as a security measure, you should consider how
you will verify these features in order to ensure the
confidentiality and integrity of the data. Devices may also offer
the ability to restrict access to certain apps or data types based
on geographic location or require an additional level of
authentication.

19. Where personal data is stored on a device it will be important

to consider the safe and secure deletion of the data throughout
the lifecycle of the device, and particularly if the device is to be
sold or transferred to a third-party.

Top tips:

 Use a strong password to secure your devices;

 Use encryption to store data on the device securely;
 Ensure that access to the device is locked or data
automatically deleted if an incorrect password is input too
many times;
  Ensure that the device automatically locks if inactive for a
period of time;
 Make sure users know exactly which data might be
automatically or remotely deleted and under which
circumstances; and
 Maintain a clear separation between the personal data
processed on behalf of the data controller and that processed
for the device owner’s own purposes, for example, by using
different apps for business and personal use.

How is the data transferred?

20. BYOD arrangements generally involve the transfer of data

between the personal device and the data controller’s corporate
system. The transfer process can present risks, particularly
where it involves a large volume of sensitive information.

21. A major risk to the security of the data in transit will be a so-
called ‘man-in-the-middle’ attack, or other types of interception
carried out during the transfer process. However, you should not
ignore other risks of disclosure, such as an email being sent to
the wrong address.

22. Forcing all traffic through an encrypted channel such as a

VPN, or HTTPS for individual services, can offer some security
when using an un-trusted connection, for example an open Wi-Fi
network in a coffee shop. However, if you are offering a VPN
connection back through the corporate network you should be
mindful of any internet monitoring software you have in
operation, especially during periods of personal use. If the device
sends data via non-corporate systems (for example a public
email service) then there is limited opportunity to audit activity.

23. Technology exists for some platforms to monitor the data

transferred for data leakage and loss. This can provide a valuable
insight to the data types held on the device but also have privacy
implications if monitoring during periods of personal usage.

24. Do not forget that transferring data using public cloud

services such as SaaS storage, email or social networks can also
leave the data at risk of interception by the cloud service
provider or a foreign law enforcement authority, if that public
cloud service provider is based overseas.

25. If you use removable media to transfer data (USB drives or

CDs), you must also consider the safe and secure deletion of the
data on the media, once the transfer is complete.
26. You may want to consider disabling some of the interfaces
which might be used to connect to other devices, such as Wi-Fi
or Bluetooth, as these can be used to connect to a range of
external peripherals such as a printer or other storage device.
You should consider any conflict this may present with your
current endpoint control policy.

27. Providing guidance to employees on how to assess the

security of Wi-Fi networks, such as those found in hotels and
cafes, might be useful and you and your employees should be
aware that some devices may automatically connect to open Wi-
Fi networks as they are found by the device.

28. Some devices may offer an automated backup facility which

stores a backup of data on the device to the user’s cloud-based
account or to the user’s personal computer. As data controller,
you will need to ensure that, if this facility is enabled, it will not
lead to an inappropriate disclosure of personal data.

Top tips:

 Transfer of personal data via an encrypted channel will offer

the maximum protection;
 Use public cloud-based sharing and public backup services,
which you have not fully assessed, with extreme caution, if
at all; and
 Take care that monitoring technology remains proportionate
and not excessive, especially during periods of personal use

How will you control the device?

29. As previously mentioned, the loss or theft of the device is a

major risk factor, given the relatively weak control that the
organisation may have over a device that is owned by an
employee. Therefore you should consider the steps you will take
in advance, in order to ensure the confidentiality of any personal
data stored on the device. You must also consider how you will
manage personal data held on employees’ personal devices
should they leave your employment.

30. Most modern devices offer a facility to locate them remotely

and delete data on demand, or this can be managed by third-
party software - also known as Mobile Device Management. Such
a service can provide some assurance that any data stored on
the device could be securely deleted. However, devices often
have to be pre-registered with such a service to be able to use
this facility.
31. Mobile device management services may allow you to record
or track the device in real time, even if the device is not reported
stolen. As with monitoring technology, data controllers will need
to ensure that data collected as part of a remote locate facility is
only used for the specified purpose and not for on-going
surveillance or monitoring of users. Users of the device should be
fully informed as to how any tracking of the device takes place
and any consequences of this for them.

How will you secure the device?

32. You should determine how you will ensure that vulnerabilities
in the operating system or other software on the device are
appropriately patched or updated. You should be aware that
security updates may be dependent on the manufacturer of the
device or communications provider (for example, the mobile
phone operator) rather than directly from the operating system
manufacturer and may not be made available immediately or at
all for any particular device. Any such vulnerability must not
put personal data processed on these devices at risk.

33. You could achieve this protection by restricting the choice of

operating systems available to users. Again this could be difficult
where the employer does not own the device. You should also
consider how to manage employees who might ‘root’ or
‘jailbreak’ devices, a process which may remove some of the
default security controls an operating system has in place.

34. You might also need to consider who is authorised to install

third-party software (apps) on the device and the available
source of apps which can be installed on devices. Some devices
allow owners to install apps from untrusted and unverified
market-places. Such untrusted sources may have a higher
prevalence of malicious apps. You must also take care not to
overstate the guarantees that an ‘official’ market-place may
offer. Such outlets may only provide cursory glances at
applications and fail to block all instances of malware.

35. You should decide how you might support the devices your
employees bring into the workplace, and how to manage the
data for which you are responsible if those devices are returned
or sold by the owner. For example, if a user’s device breaks and
is returned to the manufacturer under a warranty can you ensure
the protection of the personal data for which you are
responsible?
Top tips:

 Register devices with a remote locate and wipe facility to

maintain confidentiality of the data in the event of a loss or
theft;
 Make sure you have a process in place for quickly and
effectively revoking access a device or user might have in
event of a reported loss or theft;
 Limit the choice of devices to those which you have assessed
as providing an appropriate level of security for the personal
data being processed; and
 Provide guidance to users about the risks to downloading
untrusted or unverified apps

Monitoring at work
36. The ICO has previously published guidance for employers on
the topic of monitoring at work.

37. The Employment Practices Code explains that employees have

legitimate expectations that they can keep their personal lives
private and that they are entitled to a degree of privacy in the
work environment. If employers wish to monitor their workers,
they should be clear about the purpose and satisfied that the
particular monitoring arrangement is justified by real benefits
that will be delivered.

38. By definition, some of the use of an employee’s device will be

personal in nature. At certain times of the day this is likely to
increase such that all usage would be considered personal (for
example evenings and weekends).

39. Technical measures which you may consider to protect the

personal data for which you, as data controller are responsible,
may increase the level of workplace monitoring, such as
recording the geo-location of devices or monitoring of internet
traffic.

40. You should also be clear as to whether or not you may be

monitoring the device usage of other individuals who may not be
employees such as family members.

Top tips:

 When drafting a BYOD Acceptable Use Policy, consider the

guidance in the ICO’s Employment Practices Code;
  Before undertaking monitoring, identify clearly the purpose(s)
behind the monitoring and the specific benefits it is likely to
bring; and
 Ensure that workers are clear about the purpose of any
monitoring and satisfied that it is justified by real benefits that
will be delivered.

Other data protection risks?

41. Whilst the security of the device may be the primary concern,
a BYOD policy should facilitate compliance with all aspects of the
DPA.

42. Usage of BYOD could raise the risk that personal data is
processed for a purpose different from that for which it was
originally collected. You must ensure that users of devices know
their responsibilities in terms of only using corporate personal
data for corporate purposes.

43. If copies of data are stored on many different devices, say as

an attachment in an email, there is an increased risk that
personal data will become out-of-date or inaccurate over time.
There is also an increased risk that it will be retained for longer
than is necessary, due to the fact that it is more difficult to keep
track of all copies of the data. Using devices to connect to a
single central repository of data can help mitigate this risk.

44. There is also a risk of data leakage in that data could be

accidentally lost or disclosed without the user’s (and therefore
your) knowledge. For example, a copy and paste action may
retain data on the clipboard which is mistakenly posted to a
social networking site or an accidental forward of an email to all
individuals in the address book.

45. Furthermore, if multiple copies of data are stored on many

different devices, you may find that it is more difficult to respond
to the rights of the data subject. For example, how can you
guarantee that you will comply with a subject access request if
you are not aware of all the devices on which personal data may
be stored?

Other risks?
46. Public authorities subject to the Freedom of Information Act
(FOIA) will also need to consider their obligations in this area. If
 multiple copies of data are stored across many different devices,
you may find that it is more difficult to respond to requests for
information, especially within the required time schedule.
Remember that a public authority’s corporate information is still
subject to FOIA even if held on a personally owned device.

47. Your organisation may be subject to other legislation and/or

regulatory requirements so you must ensure that these are taken
into account with your BYOD policy.

Summary
48. BYOD raises a number of data protection concerns due to the
fact that the device is owned by the user rather than the data
controller. However, it is crucial that as data controller you
ensure that all processing for personal data which is under your
control remains in compliance with the DPA. Particularly in the
event of a security breach, you must be able to demonstrate that
you have secured, controlled or deleted all personal data on a
particular device.

Further information
You can find out more about encryption from the following URL:
https://ico.org.uk/about-the-ico/news-and-events/current-
topics/our-approach-to-encryption

You can find out more about asset disposal from the following URL:
https://ico.org.uk/media/for-
organisations/documents/1570/it_asset_disposal_for_organis
ations.pdf

You can find out more about cloud computing from the following
URL:
https://ico.org.uk/media/for-
organisations/documents/1540/cloud_computing_guidance_fo
r_organisations.pdf

You can find out more about how to ensure your employees'
personal details are respected and properly protected at work from
the following URL:
 https://ico.org.uk/for-organisations/guide-to-data-
protection/employment/