Consider this: by some estimates, 12 to 26 million camera cell phones are currently in use – more than double the number from 2003. By 2006, it’s predicted that nearly 80% of all cell phones will be camera phones. Decreasing prices on technology, coupled with the amazing ease and convenience of use, make a camera phone the next “must-have” accessory.

But will this fun-to-use personal communication tool become a new hazard in the workplace? The potential certainly exists, says the Michigan-based law firm of Miller, Canfield, Paddock and Stone, P.L.C.

“Invasion of privacy or sexual harassment is an issue,” said Adam Forman, labor and employment attorney at Miller Canfield. “Employees could use a camera phone to photograph and disseminate images of coworkers in compromising positions in those areas where there’s a legitimate expectation of privacy – employer-provided showers or lockers, for example.”

Employers also need to be concerned with theft or espionage. “Sensitive documents, new products, proprietary information, customer lists, or trade secrets could be photographed. Likewise, images of exits, stairs, or hallways might help others gain unauthorized access to the premises,” said Forman.

Presently, most employers haven’t addressed the new photo cell phone issue. Those who have, take a varied approach. Some have strict no-camera-phone policies. Some prohibit the phones in their production and research and design facilities. Still others restrict employees from taking pictures of any kind at work.

Before implementing a policy regarding camera phones, Miller Canfield suggests asking these questions:

1 Does your company have confidential documents, equipment, or new products you wish to safeguard?

2. To whom should your policy apply? Employees? Contractors? Visitors?

3. Which of your work locations pose the greatest risk for problems? Can you restrict use in those areas and allow it in others?

4. Should you prohibit all picture taking and video taping without management consent?

5. Is it practical to require that all employees turn off and put away cell phones of any kind during working hours?

6. Do you need to create a new policy, or can you modify existing policies?

7. Under what circumstances, if any, will you allow camera cell phone use?

8. If you provide employees with cell phones, or reimburse for their use, should you restrict payment to those cell phones without cameras?

Forman reminds employers, “Regardless of which questions apply to your workplace, don’t wait for a problem to occur. Be proactive. Even if the potential for wrongdoing is remote, the cost of creating a preventive policy is minimal compared with the cost of liability.”

The 340-attorney law firm of Miller, Canfield, Paddock and Stone, P.L.C. was established in Detroit in 1852 and has offices in Ann Arbor, Detroit, Grand Rapids, Howell, Kalamazoo, Lansing, Monroe, and Troy, Michigan. Other offices are located in New York City, Pensacola, Florida, Washington, D.C., Windsor, Ontario, and in Gdynia, Katowice, and Warsaw, Poland.