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New Jersey Health Department Beats Subpoena of Employee Phones

Jan. 19, 2023, 10:07 PM

The New Jersey Department of Health can’t be required to turn over its employees’ personal and state-issued cell phones for forensic examination in litigation to which it isn’t a party, a state appellate court ruled.

A lower court’s order requiring the department to turn over the cell phones violated discovery rules and case law by requiring the production of materials not in the department’s possession or control, and infringed upon employees’ constitutional right to privacy, Judge Michael J. Haas said in a Wednesday ruling.

The ruling also failed to allow for privilege and confidentiality review, and was unduly burdensome, ...