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Hi, I'm new to the site, so I hope I posted this thread in the right spot.
My boss has all types of monitoring software on the computers at work. At any time he can look at whats going on on our desktop. He has it set up so he can do this at work or at home. Today one of my co-workers said that he also has keyloggers on the computers. Is this legal? Personally I dont think he should be able to put a keylogger on my comp, but I dont think I can do anything about it. Any suggestions?
For work purposes,yes. I have been in offices where they log everything you do, and you most likely sined something saying you may be monitored.
They never had any of the employees sign anything saying that our computer activities would be monitored. Also they have all these security cameras that are aimed at employees instead of where I would think you would want them if someone broke into the place or anything. Im also sure the place is miked. But no, they never had us sign anything
Ok... I'll assume you are in the USA but the answer will apply to many countries I think....
It's your work network... They _own_ it.... It's theirs to do with as they please... Now there might be some question if you aren't warned that "anything you do on the work network may be monitored and breach of company policies could lead to disciplinary action up to and including termination".
OTOH, your friend that has a keylogger installed is "prime bait" for getting his rear fired unless he is an authorized IT employee.... If he's just some Tom, Dick or Harry with a keylogger installed then, if the admin is competent, he will be caught and I would fire him so quickly his "feet wouldn't touch..... "
I don't keylog workstations, (I have 650'ish), I can watch you messing around by watching your desktop as you play when you trigger my intrusion detection systems.... I take the screenshots and send them to your supervisor.... It's perfectly legal - because every three months to the day I send you a message telling you that I _can_ do it, I _do_ do it and I will have you fired if you break the rules laid down in the rest of this email.....
Tell your friend to uninstall his keylogger and do you're personal stuff at home.... You'll have a longer "employment experience"..... Trust me!!!
Since you have responded since I started.... You don't need to have signed _anything_ if I can prove you have been shown the policies....
My estimate is no, unless he has permission granted to him by your boss. In either case, and like Tiger mentioned, it's always best to conduct personal matters/etc during your time at home rather than your time at work. And this is even if you do have the needed permissions.
The funny thing is...your boss might have a copy of this thread on his computer now :D. My suggestion....don't sweat it. Talk to him about what the procedures are and how do you go about some privacy when you visit your email or something.(unless it is not permited, then you're screwed)Quote:
Hi, I'm new to the site, so I hope I posted this thread in the right spot.
My boss has all types of monitoring software on the computers at work. At any time he can look at whats going on on our desktop. He has it set up so he can do this at work or at home. Today one of my co-workers said that he also has keyloggers on the computers. Is this legal? Personally I dont think he should be able to put a keylogger on my comp, but I dont think I can do anything about it. Any suggestions?
Tiger, by "He", i'm sure he was refering to the Boss, not the friend ;).Quote:
Tell your friend to uninstall his keylogger and do you're personal stuff at home.... You'll have a longer "employment experience"..... Trust me!!!
I did exaclty the same while I was running the Internet Cafe. I monitored any activities that would make me suspicious, orsometimes if you put a CD or a Flash disk, I'd check whats in there, just in case the person was running any funky shiz. I wouldnt monitor any regular customers whom I had built some trust on, and knew them by first name basis. A notice was posted above each monitor, and the customers were informed that their activites might be monitored at the employee's discretion.Quote:
I don't keylog workstations, (I have 650'ish), I can watch you messing around by watching your desktop as you play when you trigger my intrusion detection systems.... I take the screenshots and send them to your supervisor.... It's perfectly legal - because every three months to the day I send you a message telling you that I _can_ do it, I _do_ do it and I will have you fired if you break the rules laid down in the rest of this email.....
Thanks for the info ppl. The only thing was, I use my hotmail account for work and the boss thought I was screwing around when I check my e-mail all the time. But I think that I'll just stop doing that rather that cause a big sh*tstorm
Yeah, that's a good idea. And if he think's your doing it all the time, then that probably means everytime he see's you, your on your e-mail which is probably not a good idea. It also indicates your not slick at all ;)
If the boss has authority of the office workstations then yes is legal. Personally I occasionally like to walk up behind someone at a workstation and have them browse their history file. It's not a necessity; I just like to make them sweat.
HAd a Staff member accuse me of "Playing" .. She made the mistake of doing so in front of clients, and the boss, and me being in a bad mood.. I then invited her and the boss into my office and asked her to pick a day.. and I played back the recording from the keylogger on my system.."Any non-work related activity?" no!.. then I asked for another day.. after 3 I then asked if I should do the same from her workstation.. she answered no.. the boss asked why not....no apology.. Sales staff hate the tech staff.. .. the tech staff will work the floor, but the sales staff won't go near the tech stuff.. BTW: Mine was the only Workstation with a keylogger.. I had been testing it for about 3 months
I realy do need to get out of that **** hole
the point of my story.. if you are legit in what your doing, then you have no worries.. a keylogger could be your best defence when falsly accused.. and it is your bosses equipment and his time your using..if it is not work related Your stealing from your employer.. as simple as that
Cheers
Pretty much, his computer, his to do as he likes........as it has already been said as above, there might be some muddy water with not showing/signing any disclaimers, but I'm sure in your general contract you agreed to anything he wants to do/when he wants to do it without notifying you, etc......
Alright, let me start by refering to these sites:
http://www.epic.org/privacy/workplace/
http://infosecuritymag.techtarget.co...art309,00.html
The later being a very apropos rehash and "contextualisation" of these laws (or lack thereof)...
Now, in my own words, the law (in the US at least) isn't clear cut as to when spying is acceptable or what are the expectations of privacy in the workplace (related to computer use) or as to when these expectations are violated...
Currently, it would seem that at minimum, en employer needs at minimum to have a very clear and explicitly written AUP; and by explicit, it should state what form of monitoring can be/is being done, for what purposes, what constitutes a violation, what concequences can be expected for each sort of violation... Furthermore, just having the employee read the policy might not be enough depending on the location and/or circumstances, and thus the policy should probably be signed as to acknowledge that both parties are aware and concentent to monitoring.
Also, be aware that uneven enforcement of the policy, such as only or repeatedly monitoring one particular user might be considered discrimination or perhaps even harassment and make you liable... As my computer ethics professor put it, "corporate policies must be reminded regularly and be enforced evenly (don't choose your "targets" just because you don't like them) and consistently (apply the same consequences to the same violations every time; no preferential treatment) if you want your policy to hold in court.
IANAL, but this could well be illegal (depending, of course...). If this really bothers you or your colegues you might consider consulting a lawyer...Quote:
Originally posted here by voodoochild
They never had any of the employees sign anything saying that our computer activities would be monitored. Also they have all these security cameras that are aimed at employees instead of where I would think you would want them if someone broke into the place or anything. Im also sure the place is miked. But no, they never had us sign anything
While it's true that they own the infrastructure, and that I would agree that they can do what they please with it (as far as access restriction or such protests we regularly see posted here from highschool weiners), expectation of privacy is a diffrent beast and it is not given that the employer can spy on employees at their will...Quote:
Originally posted here by Tiger Shark
Ok... I'll assume you are in the USA but the answer will apply to many countries I think....
It's your work network... They _own_ it.... It's theirs to do with as they please... Now there might be some question if you aren't warned that "anything you do on the work network may be monitored and breach of company policies could lead to disciplinary action up to and including termination".
That's not clear cut, would seem to depend on state jurisdiction /judge interpretation as to wether you consent to forfeit your expectation to privacy.Quote:
I don't keylog workstations, (I have 650'ish), I can watch you messing around by watching your desktop as you play when you trigger my intrusion detection systems.... I take the screenshots and send them to your supervisor.... It's perfectly legal - because every three months to the day I send you a message telling you that I _can_ do it, I _do_ do it and I will have you fired if you break the rules laid down in the rest of this email.....
Since you have responded since I started.... You don't need to have signed _anything_ if I can prove you have been shown the policies....
Walking up beihind someone without reason might be considered harassment if not done consistently to every employee.Quote:
Originally posted here by spamdies
If the boss has authority of the office workstations then yes is legal. Personally I occasionally like to walk up behind someone at a workstation and have them browse their history file. It's not a necessity; I just like to make them sweat.
Also, keep in mind that workplace privacy laws or general liberties laws vary greatly from country to country. For example, in France, in 2001, a judgment was rendered by the "Court de cassation" (which I believe is France's top court, correct me if I'm wrong) in Nikon France vs M. Onof in which it was found that Nikon didn't have the right to look into M. Onof e-mail folder entitled "personnel".
http://www.courdecassation.fr/agenda...9-42942arr.htm
(Sorry, I don't feel like translating it all right now...)
Quote:
Vu l'article 8 de la Convention européenne de sauvegarde des droits de l'homme et des libertés fondamentales, l'article 9 du Code civil, l'article 9 du nouveau Code de procédure civile et l'article L. 120-2 du Code du travail ;
Attendu que le salarié a droit, même au temps et au lieu de travail, au respect de l'intimité de sa vie privée ; que celle-ci implique en particulier le secret des correspondances ; que l'employeur ne peut dès lors sans violation de cette liberté fondamentale prendre connaissance des messages personnels émis par le salarié et reçus par lui grâce Ã* un outil informatique mis Ã* sa disposition pour son travail et ceci même au cas où l'employeur aurait interdit une utilisation non professionnelle de l'ordinateur ;
Attendu que pour décider que le licenciement de M. Onof était justifié par une faute grave, la cour d'appel a notamment retenu que le salarié avait entretenu pendant ses heures de travail une activité parallèle ; qu'elle s'est fondée pour établir ce comportement sur le contenu de messages émis et reçus par le salarié, que l'employeur avait découverts en consultant l'ordinateur mis Ã* la disposition de M. Onof par la société et comportant un fichier intitulé "personnel" ;
Anyways, I guess the point is, administrators and employers, don't assume you can don anything and everything and respect your employees, after all your company is nothing without them; employees, serve your employers fairly, don't abuse of services they offer, you are there to work after all...
Ammo