View Single Post
Posts: 179 | Thanked: 90 times | Joined on Dec 2007
#13
Originally Posted by luca View Post
That's probably true in the USA, but it's not the case in many other places. Here, for example, since the pages you visit can disclose your personal, private, tastes/religion/political affiliation, are considered as personal data and the employer cannot control them if he doesn't tell you beforehand.
The OP is in the U.S.
Of course it's good advice to know and read company policies (if they're in place, if not you're free to do as you will).
That also is not true in the U.S. The law here is-
Email- <your_name>@company.com is not yours AT ALL. it belongs to the company. Every mail sent or received. There is no expectation of privacy ever.
Here's a good example(emphasis mine)-
In the case of Smyth v. Pillsbury Co., an employee was terminated for sending inappropriate email over the company's computer system. Despite the fact that the company had informed its employees repeatedly that the system was not being monitored, not only was it being checked but it could actually provide basis for being terminated. These electronic messages proved to be the basis for the termination of Smyth who sued the company for wrongful discharge and invasion of privacy. This case was dismissed, because the court determined that Smyth did not have a reasonable expectation of privacy for the actual contents of his electronic messages despite the fact that the company had assured its employees that these messages were secure and could not provide the basis for a termination. The court determined that there could be no reasonable expectation of privacy because these messages were being communicated to a secondary person as well as the fact that the company had an overriding public interest in preventing inappropriate or unprofessional communications over the company's intranet system.
As an aside even when not at work-
Even personal email sent from home has no expectation of privacy unless encrypted. Why? It's the same as a postcard sent through the mail. (Encryption would be the envelope which conceals the note within.) Since it is sent across multiple servers in plain text anyone can read it and there is no penalty legally or otherwise, should they do so. People/companies can put threatening sigs at the bottom of the message stating otherwise. But that doesn't make it so. (I always wondered why such statements always appear at the bottom of the message? Isn't it too late by then ) As a rule- never send anything in an email that you wouldn't shout in a crowded restaurant.

There's probably more grey area when it comes to Internet surfing or other online activities. But the general rule is that The company's network resources belong to it. If an employee writes an hour-long rant online about discrimination against Islam and is fired. He can say that is was discrimination based upon religion. The company will simply counter that that employee abused company resources and should have spent that hour doing their job. In that hypothetical I'm not going to take sides. It would be wrong to fire someone based upon their personal views. But if it's personal, leave it at home.
Companies don't keep tens of thousands of dollars of equipment transferring tera-bytes of data running smoothly so that Joe Blow can check his myspace page, or fill their file-server with illegal MP3's

Just my 2 cents...
kernelpanic

[edit] P.S. I did not write this hour-long rant from work...

Last edited by kernelpanic; 2008-06-02 at 15:32. Reason: :P
 

The Following User Says Thank You to kernelpanic For This Useful Post: