There is no presumption of privacy with use of employer equipment including
computers. Employee handbooks usually thoroughly cover what is legitimate
use (or not) of equipment (and supplies). They are also very clear about
what constitutes an ethics violation. Of course they are concerned about
litigation arising from written communication ("shred those documents, the
auditors are coming"; or "hey baby, how about...." and many other examples
usually uncovered by computer forensics experts).
I am not a lawyer but certain issues are common sense. Perhaps I am more
sensitive to these issues and better informed because I work for a
government agency. When staff occasionally say "I'll sue if my supervisor
looks at my email" I refer them to the employee handbook or ask them to call
the PA's office. What are they hiding?
If all email are work-related (not personal) and don't contain anything
illegal/criminal, LEWD or disrespectful, employees shouldn't be concerned if
it is scrutinized. Of course, it is normal to wonder or object to routine
monitoring of email which seems like you are being suspected of something.
It is my impression there is "big brother" software that detects key words
and only then is further investigation warranted.
Now "big brother" on your personal home email is another story. I guess the
only way to be safe is to disconnect your land line and get rid of your cell
phone, throw out your computer (after obliterating all it's electronic
contents), never send a letter, or appear where you can be observed.
As for video surveillance, it exists in elevators at one major City
building. Several years ago they filmed an employee relieving the City of
several new computers still in the boxes. He was led away in handcuffs.
Surveillance cameras apparently exist in hotel rooms hidden in overhead
light fixtures, lamps, vents, etc. Supposedly it is to monitor the
employees so they don't steal guests' belongings, or perhaps to see if they
are working, taking a nap in the bed or taking a bubble bath. It also can
monitor guests in the bathroom or bed and elsewhere and provide
entertainment for the security staff. Think about that one.
I once saw a poster that said "Just because you're paranoid, doesn't mean
they aren't really out to get you."
Surveillance can be a curse or a blessing depending on your perspective.
Have an interesting, safe and humorous day.
Anne
Records Analyst
-----Original Message-----
From: Peter Kurilecz [mailto:[log in to unmask]
<mailto:[log in to unmask]> ]
Sent: Wednesday, May 18, 2005 7:03 AM
To: [log in to unmask]
Subject: Australia bans email monitoring was Re: [RM] RAIN-drop.....
On 5/18/05, Johnson, Earl [CRDUS non j&J] <[log in to unmask]> wrote:
> Could this eventually become US law, and if
> so, could you imagine the consequences?
It could only become US federal law if introduced as a bill in the Congress.
Individual states could pass similar legislation if they so desire, just as
individual states are introducing and passing legislation covering identity
theft and the proper disposal of business records.
I will leave it our attorney subscribers to provide information on why
employers have a right to monitor electronic communications in the workplace
as well as using video surveillance. Much of which comes about due to
litigation. Many cases have been decided based upon emails found within an
organization. The email monitoring ensued to protect the company from future
litigation.
--
Peter Kurilecz
Richmond, Va
List archives at http://lists.ufl.edu/archives/recmgmt-l.html
<http://lists.ufl.edu/archives/recmgmt-l.html>
Contact [log in to unmask] for assistance
Anne Foster Angelou
Records Management Analyst
King County Archives and Records Management
Records, Elections & Licensing Services Division
500 - 4th Avenue, Room 411
(206) 296-1572
FAX (206) 205-1067
State Retention Schedules:
http://www.secstate.wa.gov/archives/gs.aspx
<http://www.secstate.wa.gov/archives/gs.aspx>
Records Management Guide/Intranet:
http://kcweb.metrokc.gov/dias/archives
<http://kcweb.metrokc.gov/dias/archives>
Policies & Procedures/Internet:
http://www.metrokc.gov/recelec/archives
<http://www.metrokc.gov/recelec/archives>
List archives at http://lists.ufl.edu/archives/recmgmt-l.html
Contact [log in to unmask] for assistance
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