CAN MY BOSS MONITOR MY COMPUTER

1. CAN MY BOSS MONITOR MY COMPUTER Can My Boss Monitor My Computer? Most people who are working realize that their work is the propriety of the organization. While government organizations working on sensitive issues generally have strict rules and regulations regarding the use of individual phone, computer systems, etc. the workplace privacy in a private firm might be somewhat lenient. Depending on the core work done by the organization, the privacy of the employee is compromised, especially those done using electronic equipment like computers, phone, etc. Any data that is transmitted using the network of the organization or employer can be monitored. This will also include personal devices and unofficial or private accounts. Since monitoring these data have become a norm at every workplace in this century, it is vital that you are aware of your rights in a similar situation. In case you are facing any similar issues at your workplace and need a consultation, you can Call “(310) 455-8247” and speak to experienced employment lawyers. Who can watch my computer? According to a survey conducted by the American Management Association in 2007, nearly 2/3rd employers confirmed that they monitor the internet

2. access of their employees while nearly 50% agreed that the data stored by the employees on their computers is monitored on a regular basis. Though you are not being monitored every minute you are at the office premises, anything done on the computer is backed up and can be searched at any time of the day. Sometimes, employers also screen for specific words or websites. Ranting against the company on social media platforms or any other public platform is not allowed. This can be used as an excuse for termination too. Thus, it is important that you restrain using the electronic medium (email, posting on websites, etc.) to share your personal feelings regarding your job, especially at your workplace. As many as 25 employees of a publishing firm were fired, not because they were watching content from a digital media streaming site, but because they were bad-mouthing the organization on email and Facebook. Thus, if you wish to retain to your job or avoid a lengthy legal battle to get it restored, you need to be careful about what you use the workplace computer for. What can my computer be screened for? The work devices in any organization (computers as well as laptops) are connected over a LAN. Thus, anything that is done on the computer (sent or received) can be monitored by the employer. This includes any files stored, downloaded, keystrokes on the system, internet usage, sites visited, duration of the site visit, anything displayed on the screen, time on the computer, words typed, emails sent, received or saved, instant messaging and chats. Additionally, any files or emails deleted can also be recovered and reviewed. The usage of company phone can also be monitored, including calls, text messages, voice messages, etc. In a nutshell, anything and everything you do using any of the electronic devices at your workplace can be assumed is monitored by the employer. Often there is a debate regarding personal vs. company. Is it legal for the employer to monitor anything on the system? The truth is, if the employer owns the equipment (phone, computer in this case), they have the right to search through anything (even private information not related to work) that

3. is stored on the equipment. However, if the system is yours, any access to information stored on it cannot be accessed by the employer unless they have a court order for the same. Unfortunately, if you use the employer’s network to transmit any data from your personal computer, the employer has access to it and can review it without a warrant too. If you are concerned about privacy and wish to protect the data, avoid using company network or Wi-Fi; instead, use the personal cellular network. Similarly, any mails sent from your personal email id using the company’s network no longer remain private. Why are work computers screened by employers? The company has the right to screen any data present on their computer systems or phones. Additionally, any data sent from personal accounts or devices using the company network is also monitored. Among the various reasons why this is done are: • Tracking the productivity of the employee –You are expected to work for a specific duration of the day when in office. Any time spent otherwise (social media or not-work-related internet surfing) is bound to reduce your productivity. Your internet usage can be tracked using firewalls or spying software. Unless, your work is related to internet searches or social media managing or SMM, SEO strategies, you are wasting precious time that the company pays you for their work. Monitoring can be done for: Browsing history o o o o o • Duration of web browsing Frequency of visiting a specific website Your email, instant messages, and other communications Files you access, applications you use, words you type and keystrokes Managing company’s security and protecting it –Sensitive information needs to be protected and that is why most company’s resort to monitoring the data sent and stored on the computers. Social security numbers and credit card information is sensitive data which has often been exploited in exchange for money.

4. Avoiding this kind of misuse of sensitive data, many companies employ different strategies including tagging for use of certain keywords or taking a screenshot at repeated intervals, audio/video surveillance, GPS tracking, phone usage, location tracking using the badge, etc. These methods of tracking are expected to protect the company from losses. Is there any law to prevent this? In U.S. the Electronic Communications Privacy Act of 1986 prohibits the monitoring of electronic devices. Thus, employers are not allowed to monitor internet usage, computers, and telephones of the employees. Similar laws are present in other countries too. However, since every rule has an exception, employers can monitor their employees in case of: • All businesses are exempted from this act and can monitor their employees if the reason is legitimate. These include monitoring customer service calls (where information that the call is recorded for monitoring is relayed), tracking productivity of the employee, preventing harassment and any illegal activities (frauds). • The company can monitor any systems owned by them. Work done on company computers or that done on a personal computer but using the company’s network can be monitored without breaking the law. • In case the employee has given their consent for being monitored (this can be in the fine print of the contract you sign) then the company can screen through any data present on the system. Can you be fired over data obtained from monitoring the systems? Considering that almost every company and employer monitors the data sent or received over their network and/or using their systems, it is important to be on your guard regarding what you say, do or write within office premises. As per a survey conducted by the American Management Association, nearly 30% of managers terminated employees for misuse of the internet of which 28% were terminated for email misuse. However, there are exceptions available in this case too. Despite using the company’s network and/or their computer systems, you cannot be fired in these cases:

5. • If you have employee union. Unions can discuss the terms of electronic monitoring with the management. Union employees can also fight any disciplinary action imposed on them with respect to electronic monitoring. • If you have written about some illegal practice (wage disparity, gender discrimination, etc.) in an email then you cannot be fired. Since you are trying to expose or prevent malpractice from occurring, you are protected under the whistle-blower or anti-retaliation laws. • Additionally, you cannot be fired from your job if you are complaining to your colleagues regarding your working conditions using email. Similarly, union organizing activities done using your work computer cannot warrant your termination as this is a violation of the National Labour Relations Act. How to prevent this monitoring? Digital privacy is a controversial topic. However, employees have some rights regarding their privacy on the internet. Since you are either using the company’s computer or their network for any communication, it is slightly difficult to expect privacy, however, using a VPN or Virtual Private Network. The VPN masks the details of your work on your private computer which prevents your employer from monitoring it. However, using a VPN on a company-owned computer might land you in trouble. You can come under the suspicious eyes of the management or worse be fired for suspected illegal activity. VPN can be used on a personal computer without any such ramifications. Just because you do not wish your employer to see your online activity, does not mean that you are indulging in some wrongdoing. Protecting your privacy, when it comes to your personal phone, computer or any other gadget is a basic human right. Since government laws are subjective on this issue, protecting your privacy from employee intrusion can be a bit difficult. VPN can not only provide you protection from the supervision of your online activity by your employer but also protect you from hackers, spies, advertisers, etc.

6. What are your options if your employer is monitoring your computer? The legal options available to protect your position, in this case, have been mentioned above, however, in case you are looking for a new job and wish to get out without creating a scene, you can use the services of experienced employment lawyers. They can provide you legal advice regarding your severance package. They can provide you with initial employment assessment apart from accessing your employment situation at reasonable rates. Provided you are not breaking any laws or indulging in any other activity like watching pornography at work, sending derogatory, sexist, racist or any other kind of discriminating emails, employment lawyers can help you get out of any work-related situation. In case you feel that any web content is inappropriate for the workplace or sending or receiving certain information might land you in trouble, you should refrain from indulging in such activities at the office. If you wish to keep something private, either use personal equipment, personal network and refrain from making reckless mistakes that could cost your job.