['Privacy and Data Security']
['Privacy and Data Security']
05/17/2022
Copyright 2025 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
...
Monitoring employees’ use of company computers, email, and the Internet largely involves letting employees know that they have no expectation of privacy in their use of company premises, facilities, or resources, and they are subject to monitoring at all times.
Employers should have a detailed policy regarding use of company computers and resources accessed with computers, such as email, Internet, and the company intranet. Each employee should sign the policy (or handbook which includes the policy), which can be made a condition of employment. The policy should:
- Define computers, email, Internet, and so on as broadly as possible, with specifics given, but not limited to such specifics (technology may change);
- Define the prohibited actions as broadly as possible, with specifics given, but not limited to such actions;
- Remind employees that not only job loss, but also civil liability and criminal prosecution may result from certain actions (illegal pornography, participation in spamming operations or other scams, involvement in computer hacking);
- Rreserve the company's right to monitor all computer usage at all times for compliance with the policy;
- Reserve the right to inspect an employee’s computer, hard drive, floppy disks, and other media at any time;
- Reserve the right to withdraw access to computers, Internet, email if needed;
- Address whether camera phones are allowed in the workplace — such phones have been used in theft of company secrets; and
- Make sure employees know they have no reasonable expectation of privacy in their use of the company’s electronic resources, since it is all company property and to be used only for job-related purposes.
Abuse of company computers, networks, and the Internet can create risk for an employee’s wrongful actions. If an employment claim or lawsuit is filed, an employee’s attorney or the administrative agency will likely ask to inspect computer records. Deleting computer files does not erase the files — there are many traces left on the user’s computer, and forensic computer experts can find them and use them against a company.
Monitoring compliance
Monitoring software can record which programs were used (such as instant messaging) and which Internet sites were visited, as well as how much time was spent on these sites. With regard to the Internet, specific sites can be blocked by Web site addresses and keywords. Some software can analyze the hard drive of each computer on a network, establishing who might have unauthorized software or files on their computer.
Some warning signs for computer abuse include:
- The employee spends a lot of time online, more than is reasonably needed for the job, yet is strangely non-productive;
- You hear a lot of hurried clicking as you approach, and the employee greets you with a red face;
- The Temporary Internet Files folder is filled to capacity;
- The employee’s computer crashes more often, possibly from viruses and excessive demands on RAM;
- An increase in spam email from employees leaving their addresses all over the Internet.
Focus on email
A company's email policy might indicate that company’s email system is for business purposes only and that any illegal, harassing, or other unwelcome use of email can result in severe disciplinary action. The policy might also let employees know that monitoring may occur. If unauthorized personal use is detected, note the incident and handle it like any other policy violation.
Employers may also want to have their computer experts attach a disclaimer to all outgoing company email that warns of the company’s monitoring policy, lets possible unintended recipients know that confidential company information might be included, and disavows liability for individual misuse or non-official use of email. Here is an example of such a disclaimer:
- IMPORTANT MESSAGE
Internet communications are not secure, and therefore ABC Company does not accept legal responsibility for the contents of this message. However, ABC Company reserves the right to monitor the transmission of this message and to take corrective action against any misuse or abuse of its email system or other components of its network.
The information contained in this email is confidential and may be legally privileged. It is intended solely for the addressee. If you are not the intended recipient, any disclosure, copying, distribution, or any action or act of forbearance taken in reliance on it, is prohibited and may be unlawful. Any views expressed in this email are those of the individual sender, except where the sender specifically states them to be the views of ABC Company or of any of its affiliates or subsidiaries.
END OF DISCLAIMER
Evidence of misconduct
If an employee is disciplined or discharged based upon computer or Internet problems, have your computer experts collect both digital and printed copies of whatever email messages or computer files contain evidence of the violations. The evidence can then be used to defend against various kinds of administrative claims and lawsuits, such as an unemployment claim or discrimination lawsuit.
For business owners, technology makes things both easier and harder. Every company has to ensure that its electronic resources are used properly and not abused by employees. The more that you as an employer know about computers and the Internet, the better off, and safer, your company will be.
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Copyright 2025 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.