Workplace Privacy Lacking

PaGeN writes: "It's about time. Per today's New York Times, thinking and respected jurists are raising eyebrows at the legal principle that seems to have sprung up overnight: "You have no right of privacy in on-the-job online communications." Judge James M. Rosenbaum, Reagan-appointed chief judge of the United States District Court for the District of Minnesota, in Minneapolis, expresses surprise that employees should be expected to tolerate "an electronic rummage through their lives." "The present concept permits -- and even encourages - 'Big Brother' searches," wrote Judge Rosenbaum. "... just as an employee does not surrender all privacy rights on the company's premises, so they should not be automatically surrendered on the company's computers."" The column linked above is interesting; you can also read the original paper online.

Comments

Re:So What?

[PigleT]

You appear to be avoiding half the issue.

When you're at work, you're still you, you're just on work's premises using their gear. You have to respect *both* halves of `still you' and `their gear', though. This is why it's give and take: the only sensible kind of policy I've seen is one that says `we won't snoop and you won't waste resources'.

There's no need to get all stuck on one extreme ("it's the employer's gear!") or another ("you have privacy rights!") when there's a common-sense fair middle of the road to be taking.

Next issue please? ;)
~Tim
--
.|` Clouds cross the black moonlight,

The problem

[rabtech]

The major problem is that courts have held companies liable for their employee's conduct, even when that conduct is against company policy. Therefore, we MUST scan our email for anything that could be remotely deemed offensive, or we risk being sued. If we choose to respect privacy, then we open ourselves up to massive liability.

We need laws protecting employers from liability if an employee refuses to report misconduct. Then we could do away with some of the scanning and observing technologies we have (which cost us quiet a bit... many thousands.) If someone receives an offensive message, reports it, and nothing happens, ONLY then should the company be responsible for it. But the way the courts have ruled up to this point, simply not performing active scanning of email is an admission of guilt.
-- russ