Employee Monitoring: A How-To Guide

Employee Monitoring: A How-To Guide

Federal laws prohibit the interception of another’s electronic communications, but these same laws have multiple exceptions that generally allow employers to monitor employees’ email and internet use on employer-owned equipment or networks. As a result, under federal law, when private-sector employees use an organization’s telephone or computer system, monitoring their communications is broadly permissible, though there may be exceptions once the personal nature of a communication is determined. For example, under the National Labor Relations Act, employers cannot electronically spy on certain types of concerted activity by employees about the terms and conditions of employment. …

emp monitoring

Rules on Monitoring an Employee’s Private Internet Use at Work: A New ECHR Decision

In a decision rendered on January 12, 2016, the European Court of Human Rights (“ECHR”) held that the dismissal of an employee for having used his professional email account for personal purposes during working hours did not violate Article 8 of the European Convention on Human Rights1.

The applicant, a Romanian national, was employed by a private company from 2004 to 2007 as an engineer in charge of sales. At the employer’s request, he created a Yahoo Messenger account to respond to client enquiries. In July 2007, the employee was informed by his employer that his Yahoo Messenger account had been monitored for a week and the records showed that he had used the device for personal purpose, whereas the company internal regulations expressly prohibited the use of company device (e.g., computers, telephones) for personal purposes….delonbouquet

Data Privacy Recommendations For Crafting Employee Monitoring Policies (2016)

Federal laws prohibit the interception of another’s electronic communications, but these same laws have multiple exceptions that generally allow employers to monitor employees’ email and internet use on employer-owned equipment or networks. As a result, under federal law, when private-sector employees use an organization’s telephone or computer system, monitoring their communications is broadly permissible, though there may be exceptions once the personal nature of a communication is determined. Also, under the National Labor Relations Act, employers cannot electronically spy on certain types of concerted activity . . . 2016EmployeeMonitoringPolicies

The Privacy Implications of Whistleblowing in the EU

Whistleblowing schemes were introduced in the EU as a result of the Sarbanes-Oxley Act (“SOX”) adopted by the US Congress in 2002 following various corporate financial scandals. SOX requires US companies and their EU-based subsidiaries to establish “procedures for the receipt, retention and treatment of complaints received by the issuer regarding accounting, internal accounting controls or auditing matters [and] the confidential, anonymous submission by employees of the issuer of concerns regarding questionable accounting of auditing matters.1”  The implementation of whistleblowing schemes will, in most cases, lead to the collection, processing and transfer of personal data (e.g., name of the accused person) which raises data privacy concerns . . .

WhistleblowingintheEU

Monitoring Employees At A Glance (2015)

Although federal law permits employers to monitor their employees’ email and internet, some states require that notice be given to employees; other states place restrictions on how far the monitoring can extend to non-work related accounts . . . Employee Monitoring in the Workplace - At A Glance