2006-08-25 06:18:53 · 26 answers · asked by Jon D 1 in Politics & Government ➔ Law & Ethics
Thanks for the answers, Is it still legal if the Employer does not tell you they are monitoring the systems? I was under the impression that the Employee must be made aware of it.
2006-08-25 06:42:22 · update #1
Yeah, for the most part. Read the article in sources for a more complete answer.
"Is my employer allowed to see what is on my terminal while I am working?
Generally, yes. Since the employer owns the computer network and the terminals, he or she is free to use them to monitor employees.Employees are given some protection from computer and other forms of electronic monitoring under certain circumstances. Union contracts, for example, may limit the employer's right to monitor. Also, public sector employees may have some minimal rights under the United States Constitution, in particular the Fourth Amendment which safeguards against unreasonable search and seizure.
There may be some additional rights for employees in California given specific statutes of that state. See the paper by Los Angeles attorneys John Caragozian and Donald Warner, Jr., titled "Privacy Rights of Employees Using Workplace Computers in California," published in 2000
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2006-08-25 06:27:05 · answer #1 · answered by CK 2 · 1⤊ 0⤋
Yes. Using work computers for personal communication is considered an abuse of the company's resources, and this prohibition is usually stated in the company policy. It is legal for employers to monitor employee computers because they are not the employees' computers - they belong to the company, and any communication they are used for is supposed to be relevant to the company.
2006-08-25 06:27:38 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Yes. Employees are supposed to give their best intellectual and physical effort to their employer. The means of communication belong to the employer, who may monitor them. In some states the employer may have to give notice.
An employee has to be an idiot to access porn on a work computer, to send scurrilous or libelous e-mails, etc. Or to assume HR won't Google for nasty comments on a "suckthecompany" site or an embarrassing MySpace page.
2006-08-25 06:23:04 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Employee monitoring is legal within the United States however the 1986 Electronic Communications Privacy Act does prohibit unauthorized interception of any kind of electronic communication which includes emails however service providers are exempt from this law.
2016-02-15 00:35:44 · answer #4 · answered by Nicki 1 · 0⤊ 0⤋
Yes
2006-08-25 06:33:52 · answer #5 · answered by Cary Grant 4 · 0⤊ 0⤋
Yes. The company owns the computers, and there is no reasonable expectation of privacy by employees.
2006-08-25 06:22:21 · answer #6 · answered by Patriot 2 · 0⤊ 0⤋
Yes, but they have to make sure that they have a proper policy on what they do and how and why they do it.
Staff (Europe) do however, have some rights of use that have been recognised through the Human Rights Act. You can probably find quite a few examples of case law around.
2006-08-25 06:25:38 · answer #7 · answered by Anonymous · 0⤊ 0⤋
If the company owns the computers, yes.
2006-08-25 06:20:53 · answer #8 · answered by mixemup 6 · 0⤊ 0⤋
Yes, they do it to make sure that people are staying on task and not using company property and time to do their personal business which is usually against most companies' policies.
2006-08-25 06:25:35 · answer #9 · answered by butterflykisses427 5 · 0⤊ 0⤋
Yes it is the companies property
2006-08-25 06:21:09 · answer #10 · answered by Anonymous · 0⤊ 0⤋