Computer Privacy on the Job

These days, computers are everywhere in the workplace. They’re a great tool for work and a great source of fun too. To keep a lid on things, employers can monitor office computers. Employees should be careful about the websites they visit, the emails they send and receive, the games they play, and how long they spend online.

Here is a quick look at this evolving area of law. {For specific questions, contact Burns & Associates at (732) 596-1999.

Q. May employers monitor computer activity?

A. The overwhelming majority of legal commentators, and courts that have decided such cases, say yes. The office computer, they note, is no different than the telephone on your work desk, the use of which employers have traditionally and quite legally limited to work-related communications (by prohibiting personal calls on company time, for example.)

In fact, many employers now have written policies saying they can and will monitor office computer use. These policies are usually included in the documents given to new employees. Employees are often instructed to sign a piece of paper confirming that they have received the policy document.

Companies defend their examinations of employee emails and website visits as necessary to protect proprietary information from being downloaded and emailed, to discourage harassment in the workplace, to reduce waste, fraud, and abuse of the company’s resources, and to ensure that office computers are being used for company business.

Q. May I use my work computer for personal email and online shopping?

A. The official answer is, only if your employer lets you. Such overt permission is very rare, but informally employers often don’t object as long as the use is minimal, does not interfere with doing your job, and is perhaps subject to other restrictions.

All in all, it’s best to be cautious. Before sending that email or visiting that website, ask yourself if your company lets you make personal phone calls or shop on company time. Now ask yourself if you mind having your employer see the content of your email or discover when and where you shop. Even if your employer allows these practices, it’s best to use your work computer sparingly for personal business.

Q. If my employer does not want me to play games, why is solitaire on my computer?

A. Games such as solitaire come with many computer programs, including those destined for the workplace. Your employer does not install them. The fact that a work computer contains games should not be interpreted as the employer’s tacit approval of employees playing them. Employers may still prohibit employees from playing computer games on company equipment, particularly on company time.

Q. What if I am working from home on my own computer?

A. If you’re working at home and you’re connected to the company’s computer network, your employer can access records of the websites that you visit, just as if you were working in the office. Employers remain concerned about protecting proprietary information, preventing harassment and ensuring that company time is devoted to company work. Breaching any of these employment policies remains cause for disciplinary action even if you are working from the comfort of your home office.

Q. Must I return all the nifty software my employer allowed me to put on my home computer?

A. Yes. The software belongs to your employer, or is licensed from another company by your employer, who let you install it or download it on your computer for the very limited purpose of doing the company’s work. Once that employment ends, the law or perhaps an agreement with your employer may require that you return the employer’s goods to the company.

The law is not settled, however, on the issue of whether companies can require ex-employees to surrender their home computers for the former employer’s inspection.

Q. Do these rules also apply to freelancers and contractors?

A. Yes, unless the contract between the company and freelancer states otherwise. It would be a rare company that would cede any equipment to someone who is not an employee.

In this highly computer-connected world, an increasing number of people are opening home consulting businesses in which they perform outside work for many companies. Their home computers become a smorgasbord of software programs from the companies they serve. These workers are called contractors for a reason: they are governed by a contract with each company.

The terms of the contract will generally spell out the terms under which a company allows a consultant to use its software and related equipment. This permitted use is often very limited so as not to blur any legal lines between a contractor, who relies predominantly on his or her own materials, and an employee, who has freer rein over the company’s equipment.

Even in the absence of a written contract, one hallmark of a freelance relationship is that freelancers use their own equipment. Anything given to freelancers by the company is for a limited purpose and must be returned. Consultants, freelancers and contractors often are required to sign nondisclosure agreements that allow for the inspection of their computers if there is reason to determine compliance with the company’s policy.

Employees Take Heed

Be careful how you use your computer at the office. A great safety rule is to imagine that your employer is looking over your shoulder whenever you access websites or send or receive email.
Be aware that many employers have termination policies in place for employees who visit certain offensive websites.
Exercise that same caution when you are working from home on the company’s computer network.
Your company’s software belongs to the company even though it is on your personal computer. When the company wants it back, return it.