In EU, Internet Use From Work May Be Protected

athloi wrote with a link to an Ars Technica article on a case involving the right to privacy on the internet. "A Welsh university employee has successfully sued the UK government in the EU court of human rights over monitoring of her personal internet use from work. According to the complaint, the woman's e-mail, phone, Internet, and fax usage were all monitored by the Deputy Principal (DP) of the college, who appears to have taken a sharp dislike to her. The woman claimed that her human rights were being abused, and pointed specifically to Article 8 of the European Convention on Human Rights, which governs private and family life." The courts agreed; despite a lack of a notion of 'privacy' in English law, the EU convention forced their hand. The ruling doesn't try to dissuade employers from monitoring employees, but does encourage them to inform employees about surveillance.

Comments

What companies don't tell you they are watching?

[Realistic_Dragon]

I have never worked at a place that didn't have an AUP that wen't roughly along the lines of:

Do anything that would get us sued and you will be fired. Don't do your job and you will be fired.

Since the former covers porn (respect at work acts) and the latter covers goofing off all day, unless you happen to be so good at your job that you can still manage to get everything done *and* goof off, then all eventualities are covered.

Different society, same problem

[redelm]

The Eu directives are quite stark and member nations can't easily bypass them. Or at least, not without consequences of appearing to throw out the whole union.

In this case, the snooping would appear to be more than warrented by employee productivity or asset/network integrity. Very targetted, and unarguably an abuse of employer power. Something dreaded in the EU and prohibited by a whole host of laws.

I would hope that even in the US this sort of inter-personal grudge nursing would be similarly identified as malfeasance. The snoopers boss ought to fire her for abuse of company assets and damage to reputation. Snooping is never free.

Trolling headline

[Red Flayer]

FTA:

Because the woman had not been warned that she might be monitored at work, she had a "reasonable expectation as to the privacy of calls made from her work telephone." Internet usage received the same protection. In 2000, the UK did pass legislation that gave businesses certain rights with which they could monitor the e-mail and phone usage of their employees, but the law had not come into force when the surveillance in question took place.

Sure, getting people to read article/comments is important, but perhaps a little accuracy in headlines is appropriate?

It is still quite legal for an employer in the EU to declare that its computers, phones, etc are for business use only, and that correspondence will be monitored. This does not contravene Article 8, since only *private* correspondence is protected by Article 8; use of company machines for correspondence therefore makes such correspondence not private.

Re:Trolling headline

[Red Flayer]

I wondered how many dorks were going to pick up on the fact that what she was doing isn't private given that everything she's using is the company's.

Actually, at the time of the monitoring, the court found she did have a reasonable expectation of privacy, since then-current law and lack of disclosure of monitoring gave her no reason to believe that private correspondence was not allowed.

Re:Hmmm

[HomelessInLaJolla]

The point is that, if a person in a priveleged position takes an interest (with whatever motive) in a subordinate employee, the very ability to monitor their computer usage at a near moment-by-moment screencap level is separated from aggravated stalking by nothing more than the definition of the law with respect to employer-employee relationships. Being able to spy on an employee, even if they know you are spying on them, gives the aggressor an enormous advantage should they have an interest in manipulating the target--for love, money, lu5t, political position, social control, or whatever other motive.

I have no problem with my employer monitoring internet usage to make certain that I'm not sabotaging the business. At the same time I think there is a reasonable expectation that no one employee is monitored any more closely or hounded any more severely than any other employee. With the way AUPs and employee agreements are currently written (completely one-sided) one can be working in an environment where 4 hours of casual use/day is allowed but woe to the one employee who is targetted should they check their e-mail even once.

Giving free reign to employers to selectively enforce a zero-tolerance policy justified by any arbitrary excuse is a recipe, an open invitation even, for abuse--to the level which would be considered aggravated stalking in any other environment.

Why is there no policy covering this?

[RESPAWN]

What I don't understand is why this university doesn't have a policy to cover this sort of monitoring. Most places that I have worked have had a policy that specifically states that the employee's use of corporate communication assets can and will be monitored, and the employee has to sign stating he read this policy. Basically, it's the company's way of covering their arses. Granted, the actions supposedly took place in 1999 and I am too young to comment on the state of corporate communication policies in 1999, but I would think it would have been naieve for any business entity not to have covered themselves legally with some sort of "you might be watched" policy.

That said, if the university didn't have such a policy, then I don't see a problem with the woman suing. Especially in light of the fact that the person monitoring her actions went so far as to call back numbers she had previously called to see who she was calling.

Anyway, lawsuits like these are why companies today have aceptable use policies.

Re:What companies don't tell you they are watching

[Anonymous Coward]

Not only that but Slashdot is actually work related for many of us. I know I was ready for the recent ANI fix because of the article here at slashdot.
Reading slashdot for the vunerability announcements is like buying playboy for the articles.

Re:What companies don't tell you they are watching

[spun]

Yes, but telling your boss you read slashdot for the vulnerability announcements is in no way like telling your wife you read Playboy for the articles. Your boss will probably believe you.