Re: Advice on reviewing simple data log


"Mike Williams" <mikea@xxxxxxxxxxxxxxxxx> wrote in message
news:encsY$bPIHA.1184@xxxxxxxxxxxxxxxxxxxxxxx
"Twayne" <nodoby@xxxxxxxxxxxxxxxxxxx> wrote in message
news:VLe8j.10055$3s1.3993@xxxxxxxxxxx

Well, unfortunately, and I say this only as clarification, not
recommendation of any
kind, if a company owns the machines and
the license then they can do pretty much
what they want, including keyloggers etc..

Actually in many countries, and in some US states, a company can NOT
monitor
whatever they wish, regardless of the fact that they own the equipment.
There are certain limitations, depending on exactly what it is you are
monitoring, particularly in the area of vocal communications but often in
other areas as well. If you want to monitor computer usage of your
employees
then you need to always ensure that you are complying with the law in your
own specific area. And, of course, in many parts of the world, regardless
of
what you are monitoring, you can get into serious trouble unless you
specifically tell your employees that they are being monitored, and
explain
to them the extent of the monitoring.


As far as the US is concerned, you're incorrect to say that "a company can
NOT monitor whatever they wish", or to suggest that a company must follow
certain procedures in order to do any monitoring. It gives the erroneous
impression that employees have some guarantee of privacy. They do not, not
even a limited guarantee. Employers CAN monitor whatever they want. There
are no guarantees of privacy in the workplace, and courts have traditionally
sided with the Employer in any disputes. There are exceptions but they lose
on appeal.

The one "limitation", as you noted, is with phone calls. In CA if both
parties are in CA then the employer must notify both parties that the call
is being monitored. Federal legislation requires only that the employer must
"cease monitoring" once an employer is aware it is a personal call.

The courts have upheld that this doesn't prevent an employer from capturing
all calls with automatic devices, only to what an agent of the company can
later 'listen' to. Which really means what a 'listener' can pass on to
someone else. It also leads down a slippery slope of what constitutes a
'personal call'. The courts have generally upheld that any communication to
an outside source that reveals 'company secrets', or even contains any
reference to the company, however slight, it is no longer a 'personal call'.

BUT..., if the employer has forbidden personal phone calls then all of the
above can be safely ignored. This prohibition can be a line in a handbook or
even a verbal order from a supervisor. (Which was the case just recently in
my home town.) So that 'limitation' turns into a joke. <g>

In the US there are essentially no laws protecting an employee's privacy.
Under some conditions video cameras are even allowed in restrooms.

I can't speak for other countries of the world - that's too much ground to
cover. <g>

-ralph


.

Relevant Pages

  • Re: Packet sniffing problems
    ... "Employer actions may not jeopardize the ... which clearly establishes that the employer *may* monitor the use ... it isn't even clear to me that the sentance ... monitoring and control the user of electronic mail and data networks. ...
    (comp.security.misc)
  • Re: Study finds companies snooping on employee e-mail
    ... their network, and if they want to monitor every byte of data flowing in, ... Else they provide a payphone where it is ... warez and pr0n on the company network. ... imagine that YOU were the employer (and ...
    (alt.privacy)
  • Re: Can someone remotely connect and spy on me without my knowledge?
    ... Courtesy notification that you are being observed (the right of a ... 'authorised' monitor program in place. ... Employer will be delighted to see your letter. ... is sufficient) that COMPANY computer/network use is "subject to ...
    (microsoft.public.windowsxp.work_remotely)
  • Re: i need some good advice, my boss is reading my emails
    ... the employer has a right to snoop on activities deemed ... If he fails to at least occasionally monitor ... but the courts seem to have established that the assets owned by the ... those policies that email is monitored. ...
    (comp.security.misc)
  • Court Rules Against Man in Computer Porn in Workplace
    ... A Montana man who used his work computer to access child pornography ... of privacy at work, ... "Employer monitoring is largely an assumed practice, ...
    (comp.dcom.telecom)