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  • TUESDAY APRIL 17 2007 6:00 PM

RE: Your Boss Blows Goats



Office workers in Britain can breath a little easier today after the European Court of Human Rights deemed spying on your employees' e-mail a breech of their right to privacy.

Lynette Copland, who works at Carmarthenshire College in west Wales, successfully sued her employer for breaching the Human Rights convention.
She was awarded more than £6,000 by the European Court of Human Rights.
Employment law solicitor Alison Love said if employers were going to monitor e-mails they must tell their employees.
[...]
She had her movements on the campus - as well as the people she e-mailed and the websites she visited - tracked over a period of 18 months, nine years ago.
She only found out about the surveillance when her step-daughter called to say the college contacted her to enquire about their relationship.


Employers are still allowed to see what you're doing, but only if they tell you they're doing it, and have a good reason for doing so. Sadly, what classifies a "good reason" is open to a world of interpretation. However, it is good to see employers warned that, just because employees are doing it on your time, doesn't mean it's any of their business. In an age where what you write in your blog can get you fired, you have to applaud any effort to give people the right to be people at work, not just workers.

 

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Comments
Arete

Arete

SUICIDEGIRL

I'm lost

APR 17, 2007 06:35 PM

monitoring employees internet and work email activity on work computers for the purpose of tracking illegal activity, but to call her step daughter and ask about their relationship is....creepy surreal

ZPO

ZPO

Roy, WA
July 2004

APR 17, 2007 10:59 PM

Huh?

What "right to privacy" does an employee have when they are using the business computer provided by their employer, the business network provided by their employer, during the time they are compensated by their employer, and on the business premises of their employer.

Before you can violate an individual privacy there has to be a reasonable expectation of privacy. How anyone could this suck a reasonable expectation exists in the above environment is beyond me.

ASSH0LE

ASSH0LE

Las Vegas, NV
June 2003

APR 18, 2007 09:21 AM

Employment law solicitor Alison Love said if employers were going to monitor e-mails they must tell their employees.

I'm fairly sure that this is also the law in the U.S. as well. They can monitor all they want, so long as they let you know it's monitored. Many companies actually have a warning that comes up when you log into your PC.

Likewise, ever called a helpdesk or customer service line and heard, "Your call may be monitored or recorded to improve our service?"

almostfamous

almostfamous

NEWSWIRE

United Kingdom

APR 18, 2007 11:02 AM

ASSH0LE said:
Employment law solicitor Alison Love said if employers were going to monitor e-mails they must tell their employees.

I'm fairly sure that this is also the law in the U.S. as well. They can monitor all they want, so long as they let you know it's monitored. Many companies actually have a warning that comes up when you log into your PC.

Likewise, ever called a helpdesk or customer service line and heard, "Your call may be monitored or recorded to improve our service?"



the interesting part is the 'with good reason', it's something that needs to be tested unfortunately, to see where the line is, but it doesn't sound like 'because we want to know what you do' is good enough. for example, many employers allow their employees to use the internet during lunch hours or breaks without usual worktime restricitions. they wouldn't be able to use any 'not on our time' reasoning to monitor activity at these times, and it sounds like they're being told not at other times either.
think of it this way, monitoring you from the moment you log on, automatically, would be like assuming you're doing something wrong. one interpretation of this would be that they're not allowed to assume, and need some reason to start monitoring you, and then they have to tell you they're starting.

Adroitbeing

Adroitbeing

I'm lost
September 2003

APR 18, 2007 12:23 PM

ZPO said:
Huh?

What "right to privacy" does an employee have when they are using the business computer provided by their employer, the business network provided by their employer, during the time they are compensated by their employer, and on the business premises of their employer.

Before you can violate an individual privacy there has to be a reasonable expectation of privacy. How anyone could this suck a reasonable expectation exists in the above environment is beyond me.



Contrary to some beliefs, commercial endeavors do not trump an inidividual's rights and individual rights do not trump the obligation to observe the law or rules governing the use of the facility.

If your employer notifies you of their intent to monitor your communications, you are forewarned, and therefore forearmed. If your employer fails to notify you or has no express policy about the use of the commercial resources for personal use, you have every right to expect privacy.

Becoming an employer does not automatically grant you the right to monitor your employees communications.

aleksa

aleksa

Tacoma, WA
April 2006

APR 18, 2007 12:51 PM

Two or three people at my previous job were fired because of something written in a personal email. I was called into a meeting about the terminations (I was a suervisor at the time),and realized the next day that the office manager had the superintendent on speaker phone without telling me. The only reason I knew then was the superintendent parroted something back to me that he hadn't been in the room to hear.

Big brother, indeed.

bean

bean

STAFF

Los Angeles, CA

APR 18, 2007 01:29 PM

ASSH0LE said:
Employment law solicitor Alison Love said if employers were going to monitor e-mails they must tell their employees.

I'm fairly sure that this is also the law in the U.S. as well. They can monitor all they want, so long as they let you know it's monitored. Many companies actually have a warning that comes up when you log into your PC.

Likewise, ever called a helpdesk or customer service line and heard, "Your call may be monitored or recorded to improve our service?"



Think again.

Privacy Rights Clearinghouse Workplace Privacy Fact Sheet.
From that source:

Is electronic mail private? What about voice mail?

In most cases, no. If an electronic mail (e-mail) system is used at a company, the employer owns it and is allowed to review its contents. Messages sent within the company as well as those that are sent from your terminal to another company or from another company to you can be subject to monitoring by your employer. This includes web-based email accounts such as Yahoo and Hotmail as well as instant messages. The same holds true for voice mail systems. In general, employees should not assume that these activities are not being monitored and are private. Several workplace privacy court cases have been decided in the employer's favor. See for example:

Bourke v. Nissan,
Smyth v. Pillsbury
Shoars v. Epson

almostfamous

almostfamous

NEWSWIRE

United Kingdom

APR 18, 2007 02:36 PM

bean said:

SPOILERS! (Click to view)

ASSH0LE said:
Employment law solicitor Alison Love said if employers were going to monitor e-mails they must tell their employees.

I'm fairly sure that this is also the law in the U.S. as well. They can monitor all they want, so long as they let you know it's monitored. Many companies actually have a warning that comes up when you log into your PC.

Likewise, ever called a helpdesk or customer service line and heard, "Your call may be monitored or recorded to improve our service?"



Think again.

Privacy Rights Clearinghouse Workplace Privacy Fact Sheet.
From that source:

Is electronic mail private? What about voice mail?

In most cases, no. If an electronic mail (e-mail) system is used at a company, the employer owns it and is allowed to review its contents. Messages sent within the company as well as those that are sent from your terminal to another company or from another company to you can be subject to monitoring by your employer. This includes web-based email accounts such as Yahoo and Hotmail as well as instant messages. The same holds true for voice mail systems. In general, employees should not assume that these activities are not being monitored and are private. Several workplace privacy court cases have been decided in the employer's favor. See for example:

Bourke v. Nissan,
Smyth v. Pillsbury
Shoars v. Epson




way to go, land of the free! tongue

aleksa

aleksa

Tacoma, WA
April 2006
SockPuppet

SockPuppet

I'm lost
July 2006

APR 18, 2007 03:20 PM

I've been putting my own disclaimer on all my work emails ever since my employer started adding their own. Mine is a copy of theirs, with an edit saying that "contents of this e-mail may be those of the originator and do not necessarily represent the views of" etc. etc.; my bold. If they are going to edit my emails, I refuse to take sole responsibility for them.

Hunkpapa

Hunkpapa

United Kingdom
June 2004

APR 18, 2007 04:40 PM

how do you know my boss?

Hunkpapa

Hunkpapa

United Kingdom
June 2004

APR 18, 2007 04:41 PM

damned double post!

Alfaduetto

Alfaduetto

Greeneville, TN
May 2004

APR 19, 2007 05:32 PM

Our company officially told us we had no expectation of privacy in company Email and I think the supreme court ruled in the same manner. So they may not have to tell you at all in the U.S. anymore. Probably ought to ask your HR people if you worry about such things.

DevilsReject

DevilsReject

Cleveland, OH
February 2007

APR 19, 2007 09:42 PM

the title of this thread definitely shines a new light on those "My Boss is a Jewish Carpenter" bumper stickers

wink

emotedcreations

emotedcreations

Germany
July 2006

APR 20, 2007 06:13 PM

Adroitbeing said:

ZPO said:
Huh?

What "right to privacy" does an employee have when they are using the business computer provided by their employer, the business network provided by their employer, during the time they are compensated by their employer, and on the business premises of their employer.

Before you can violate an individual privacy there has to be a reasonable expectation of privacy. How anyone could this suck a reasonable expectation exists in the above environment is beyond me.



Contrary to some beliefs, commercial endeavors do not trump an inidividual's rights and individual rights do not trump the obligation to observe the law or rules governing the use of the facility.

If your employer notifies you of their intent to monitor your communications, you are forewarned, and therefore forearmed. If your employer fails to notify you or has no express policy about the use of the commercial resources for personal use, you have every right to expect privacy.

Becoming an employer does not automatically grant you the right to monitor your employees communications.



Moreover, ZPO what if they're engaging in personal activity when they're "off the clock"? I only ask, 'cause one of your reasons was that your time was being paid for (with the assumption that you shouldn't be using the computer for personal reasons on the clock).

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