In the wake of NFL quarterback Tom Brady destroying his cell phone in the midst of the NFL Deflategate investigation, the incident took a turn from sports scandal into a question of workplace privacy.

Brady’s subsequent comment about how his employer should respect his “rights as a private citizen” also brought to light the issue of whether an employee’s personal cell phone is truly private. So can an employer legally search through its employees’ personal cell phones? Well, it depends mostly on the employer’s written policies.