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Germany To Grant Privacy At the Workplace

An anonymous reader writes "The German government is proposing a bill declaring that employees have an expectation of privacy at the workplace (translated article). Among other provisions, the bill would ban employers from surveilling their employees by cameras or logging and reading their emails. Also, potential employers would not be allowed to view an applicant's profile at Facebook or any other social network that hasn't actually been made for this purpose."

450 comments

  1. Response by Anonymous Coward · · Score: 3, Insightful

    Good thing for German workers.

    1. Re:Response by dreamchaser · · Score: 1, Insightful

      I'm sorry, but if I (as a company) am paying for and providing computers and email for my employees to do their jobs I should have every right to monitor it. I agree with a few provisions such as not using cameras for the express use of surveillance of employees, but as to the company's information systems, a company should have 100% access to everything done on said system.

    2. Re:Response by arth1 · · Score: 4, Insightful

      I'm sorry, but if I (as a company) am paying for and providing computers and email for my employees to do their jobs I should have every right to monitor it.

      Um, why? You should have a right to expect that the job gets done -- that is what you pay them for.
      You may have a wish to see everything they do, but that doesn't make it a right, even though you rent their services. No more than my buying your products or renting your services gives me a right to install cameras in your office. No, it's not really different.

      Thank goodness the days of slavery and overseers are over. Well, in most of the civilized world, that is.

    3. Re:Response by mdwh2 · · Score: 1

      And an employee should have every right to monitor everything about the company, after all, they're giving up their time to work for that company? I don't think that logic follows.

      Should a company put cameras in in toilet cubicles and changing rooms because they own the premises? Sometimes the issue of privacy still exists (as Germany has decided), even if someone owns the equipment. Yes, an employee is choosing to work there and use said equipment, but equally, the employer chooses to hire people, and let them use that equipment.

    4. Re:Response by v1 · · Score: 1

      I realize the opinion isn't going to be popular around here, but I do agree with you. And I'm not a business owner, I'm just a pain ol employee.

      As far as I see the arrangement, you're paying me for a portion of my available time, with expectations to accomplish work for you. You're expecting to get a specific value for your money you pay me, and really, you're "renting my time". With few exceptions, I expect you to have the right to monitor this time I spend working for you, to insure you're getting treated fairly.

      I work in a small business, and I'm fairly sure I'm the most dedicated worker there. I come to work on time, do my job, and go home. During that time, I see people watching TV, browsing web pages (some of them almost constantly), stepping out for "social hour" to have long cigarette breaks in groups, playing flash games, etc. I don't do that, and I don't consider it fair to the company that they do it. Part of it I assume is I get paid more for my specific job, so you might say I have less reason to grumble about it since I'm being compensated more for the higher quality of work I provide. It still irks me a little bit, but I suppose I just need to let it go, since technically they're being treated as fairly as I am.

      But that's part of it. You as an employer should be able to evaluate your employees' performance on the job so that you can make an assessment as to the value you're getting from those employees. You should either be able to re-negotiate wages etc for unproductive employees, or bring this to their attention at evaluations if you don't feel you're getting your money's worth out of that time that you're renting from them. Any employee that believes they have the "right to hide unproductive behavior at work" is being unethical IMHO.

      To claim some extended "right of privacy" is to take a privilege that you have no claim to. It would be like working at a factory, assembling widgets. You're being paid to assemble 500 of them a day. But the widgets you assemble are being tossed into the big bin and there's no way to tell how many you personally assembled. So the boss wants to put a bin in front of each worker, so at the end of the day they can see who's meeting expectations and who's not. And the employees are complaining that it's not fair. Yes it is fair. The employer has as much right to monitor your productivity as you have to monitor the amount deposited into your bank account at the end of the week.

      Obviously there are a few rights of privacy that are exceptions to the rule. We don't expect cameras in the rest rooms for example. But that's more a case of civil rights than of anything else. But then you start seeing employees taking advantage of even that, like using the bathroom for frequent extended cigarette breaks. IMHO people that try to cheat the system and use basic civil protections for personal gain deserve to get fired.

      It's funny to read people crying "Slavery!" We're talking employment-at-will here. Don't like the deal you're getting? Go somewhere else. BIG difference.

      And I'm just astounded to see the email thing. You're using company property and company paid for services on company time to do unproductive, un-business-related activities. NO, NO, and NO You don't have that right. Nobody told you that you had that right, you should have no expectation of that right unless you're one of those pathetic people that believe they're entitled to everything they need to be happy. If I'm paying you by the hour to assemble widgets, and you stop working for awhile to do personal business at work I have the right to clock your ass out while you're doing personal activities at the very least, and to have a talking to you at your next review about your unproductive behavior, since some of what I give you is "overhead" that is irrespective of your productivity. i.e. Lets say you slacked off 100% of the time, as in, got NO work done for me. So I giv

      --
      I work for the Department of Redundancy Department.
    5. Re:Response by wienerschnizzel · · Score: 1

      No more than my buying your products or renting your services gives me a right to install cameras in your office. No, it's not really different.

      Yes it is!

      The difference is that you don't own that office.

    6. Re:Response by ihatejobs · · Score: 0, Troll

      When you go to your workplace, you are using the company's systems. The company has a right to monitor any and all activity on that system, since they own it. That is their right. Period. If you don't want to be monitored, don't use the company systems. Oh wait, can't do your job without the company's system? The door is over that way, don't let it hit you on the way out.

      I can understand not being monitored on cameras and whatnot, but I can tell you right now, as a sysadmin, I monitor just about everything on my network and I'll be damned if anyone is ever going to stop me from that practice. The day I'm not allowed to monitor everything on the network is the day I quit my job of 20 years.

      --
      Can anyone tell me why 99% of /. users are total assclowns?
    7. Re:Response by Locke2005 · · Score: 1

      Companies have a right to use video surveillance and monitor company email accounts (and web usage) provided they tell the employees up front that they are doing that. It's not the acts themselves that are a problem, it is the lack of transparency about them. And of course, the corporate officers and board should be held to exactly the same standards as the rest of the work force. CEOs should download lesbian midget porn and email their mistresses on their own time with their own equipment, not using company time or resources. Likewise, they should not be exempt from video surveillance -- even in their private offices. It makes a lot more work for the janitorial staff when they have to clean up after people having sex in the private offices...

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    8. Re:Response by Anonymous Coward · · Score: 0

      So you'd rather pay for several bodies and expensive software/hardware to monitor people's activities, when you can do the same thing by having middle managers report when production is below expectation?

      The result is all that matters, and the results always show.

      Besides, a casual environment is proven to make good workers more productive. Speaking from experience in my own companies, you can always let go of the ones that aren't good, but always assume everyone is a good worker first. The trust will get repayed with loyal workers, which prevents the massive expense that "hawk-eyed" employers tend to forget: Turnover.

    9. Re:Response by dreamchaser · · Score: 1

      I guess you missed the part where I said video surveillance just for the sake of watching employees wasn't good in my book. I was speaking specificly about email and computing resources, and you are the one with flawed logic. You're giving up your time in return for money, not out of charity, and you are using the companies resources.

      Now I wouldn't go reading everyone's email, but for many reasons, some legal in nature, being able to audit and monitor electronic communications can be vital.

    10. Re:Response by Rary · · Score: 1

      I'm sorry, but if I (as a company) am paying for and providing computers and email for my employees to do their jobs I should have every right to monitor it. I agree with a few provisions such as not using cameras for the express use of surveillance of employees, but as to the company's information systems, a company should have 100% access to everything done on said system.

      What makes information systems so different from everything else that they should be 100% monitored? You said you agree with not having cameras for surveillance of employees, but, to borrow your words, if you (as a company) are paying for and providing a cubicle, desk, chair, and office equipment for your employees to do their jobs you should have every right to monitor them, right? So let's put cameras in every cubicle.

      I do my job to the best of my abilities. My employer trusts and respects me, and I trust and respect my employer. If I worked for an employer who did not trust and respect me, guess what would happen with my trust and respect for them.

      --

      "You cannot simultaneously prevent and prepare for war." -- Albert Einstein

    11. Re:Response by hey · · Score: 1

      The employees are not property. The employer does not own them while they are at work. They should retain some dignity and rights. I hope we get a watered down version of this rule (since we won't get the whole thing).

    12. Re:Response by Anonymous Coward · · Score: 0

      Yes, but how will corporations and governments maintain an iron-fisted rule of the underclass?

    13. Re:Response by emandems · · Score: 1

      considering your nick, you seem very pro-employer. Ah, you mean Steve? Ah...

      I can understand not being monitored on cameras and whatnot, but I can tell you right now, as a sysadmin, I monitor just about everything on my network and I'll be damned if anyone is ever going to stop me from that practice. The day I'm not allowed to monitor everything on the network is the day I quit my job of 20 years.

      Based on some things I've read here and elsewhere, it's not necessarily desirable to monitor /everything/. There are things you should watch, and things you shouldn't. This is one of the balancing acts that we in this line of work must perform, and it's not clear where the rope is. If you've got written instruction from a higher-up to do it, good, keep a copy of it somewhere, but also keep in mind that CYAs don't always validly do what they nominally should. This aspect of our work is only going to get more and more difficult, and maybe after a few high-profile cases of admins getting fscked (no I don't mean the network guy from California), we'll organize and do something to protect ourselves (no, I don't necessarily mean a union).

    14. Re:Response by Anonymous Coward · · Score: 0

      Nope, I am paying you to work, not cruise facebook, compose love letters or work on your resume. SO anything you do while taking my dime is subject to my approval. Throw in the fact I am responsible for what goes out, to an extent, over my network, then the idea you should expect or have any privacy while on my computer while at my business, taking my pay is ridiculous. If you think that is bad, then I guess construction workers should be allowed to just stand around and do nothing while getting paid. You are not granted special privileges just because you work at a desk rather than with your back. Now GTFO /. and get back to work drone, noa!!!!!!!

    15. Re:Response by nospam007 · · Score: 1

      "I work in a small business, and I'm fairly sure I'm the most dedicated worker there."

      Problem is everybody thinks that he's the king and the rest is wasting time.

    16. Re:Response by arth1 · · Score: 3, Insightful

      I can understand not being monitored on cameras and whatnot, but I can tell you right now, as a sysadmin, I monitor just about everything on my network and I'll be damned if anyone is ever going to stop me from that practice. The day I'm not allowed to monitor everything on the network is the day I quit my job of 20 years.

      To quote yourself, "don't let the door hit you on the way out".

      You're responsible for maintaining operations -- productivity and personal conduct is none of your concern. If you make it your concern, you're almost certainly exceeding your authority.
      If the amount of data flowing back and forth to Facebook causes a problem, you can raise this as a concern, along with technical evaluations of possible solutions. But to go in and see just what people do on Facebook isn't your job, and if you have made it so, you're the wrong person for your job.

    17. Re:Response by arth1 · · Score: 1

      The logical extension of that line of thought must be that if a business rents office space, it's then OK for the owners to keep surveillance on them?

      If one business can't keep surveillance on another business, they shouldn't be allowed to do it to humans either. They don't own their employees' time (that would be slavery) -- they contract them to do a job.

    18. Re:Response by arth1 · · Score: 2, Insightful

      Nope, I am paying you to work, not cruise facebook, compose love letters or work on your resume. SO anything you do while taking my dime is subject to my approval.

      Non sequitur. The conclusion doesn't follow the premise.
      If you're paying someone to work, and they don't work, that gives you a valid reason to complain. But not to check out what they're doing instead of working. You're not a slave owner who owns (and are responsible for) everything the slave does -- you only own the contracted work he or she does. If it's not enough work, then that needs to be communicated or negotiated, or the employment terminated.

    19. Re:Response by ihatejobs · · Score: 1

      considering your nick, you seem very pro-employer. Ah, you mean Steve? Ah...

      Yes, I mean Steve :).

      Based on some things I've read here and elsewhere, it's not necessarily desirable to monitor /everything/. There are things you should watch, and things you shouldn't. This is one of the balancing acts that we in this line of work must perform, and it's not clear where the rope is. If you've got written instruction from a higher-up to do it, good, keep a copy of it somewhere, but also keep in mind that CYAs don't always validly do what they nominally should. This aspect of our work is only going to get more and more difficult, and maybe after a few high-profile cases of admins getting fscked (no I don't mean the network guy from California), we'll organize and do something to protect ourselves (no, I don't necessarily mean a union).

      True, monitoring everything would be ridiculous. I only monitor what I need to monitor - I have better things to do than dig into people's personal lives. It is difficult to find the line on this one. I still struggle with it from time to time. In general I only watch if I think there is a reason to in the first place. Still, no one should ever assume they are not being watched on a company computer. They should always assume they are being watched and that should be at the forefront of their thinking. If you wouldn't browse to it with your boss looking over your shoulder, don't browse to it at all. I'm usually asked to go digging. There are some things that I'll bring to the higher ups (Caught someone torrenting not too long ago as an example), but I don't go reading everyone's web traffic. I read a generalized report and if something looks off, then I start to dig from there.

      I haven't had any of this backlash on me yet. When new staff are hired they have to sign a policy that basically says nothing they do on work machines or the work network is private, and it all will be monitored. It isn't all monitored, but we reserve the right to do so if we feel the need.

      --
      Can anyone tell me why 99% of /. users are total assclowns?
    20. Re:Response by commodore64_love · · Score: 1

      Solution: Don't give email to you employees (other than the old-fashioned internal type), and then you'll know they can't abuse it by signing on to "time wasters" mailing list.

      Now:

      Where do I send my resume in Germany to get a job? I'm tired of my employers spying on me. "You were listening to FOX News Radio." Yeah so? "You're not allowed. CNN or MSNBC or any other radio is okay, but not the propaganda channel FOX." Ooooo-kay. "And also we've heard complaints you're eating too much food at lunchtime. Limit yourself to just one sandwich." (Yes this was an actual conversation with my new boss who proudly announced she used to be a Walmart manager.)

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    21. Re:Response by commodore64_love · · Score: 1

      "And oh yeah your contract was terminated yesterday." But what about my four hours for today? "No I refuse to sign your timecard."

      Rockwell Collins in Iowa.
      Don't ever work there.

      --
      "I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
    22. Re:Response by wienerschnizzel · · Score: 1

      They should not be allowed to do that automatically. But they should be allowed to put it in the agreement between the two parties involved.

      They contract you to do a job, they provide you with equipment, they set the terms of use for that equipment, which may include surveillance. Don't want it? Don't take it! Go find a job where they don't set such terms.

      I refused to sign the terms of use of the internet connection at my company. I don't like the idea of the state babysitting citizens that don't have the courage to speak up.

    23. Re:Response by ihatejobs · · Score: 1

      You're responsible for maintaining operations -- productivity and personal conduct is none of your concern. If you make it your concern, you're almost certainly exceeding your authority. If the amount of data flowing back and forth to Facebook causes a problem, you can raise this as a concern, along with technical evaluations of possible solutions. But to go in and see just what people do on Facebook isn't your job, and if you have made it so, you're the wrong person for your job.

      It is part of my job to make sure that the IT systems are used appropriately, and within our AUP. Any use breaching the AUP is most certainly my concern. I don't care what people do on Facebook. That isn't my concern. My concern is what the hell are you using my network for your personal crap for? Work network is for work purposes. If you aren't doing work, you won't be on the network for long if I have anything to say about it (And I certainly do :))

      To reiterate: Its not what you are doing on a given site that is a problem, its the fact that you are there in the first place, on work time. Workplaces have a right to monitor their employees to make sure those employees are doing what they are supposed to be doing (i.e their job)

      --
      Can anyone tell me why 99% of /. users are total assclowns?
    24. Re:Response by v1 · · Score: 1

      Problem is everybody thinks that he's the king and the rest is wasting time.

      And some of us are right about it. I'd be willing to bet my paycheck double or nothing here every single week that I'm on-task a higher percentage of the day than anyone else in the building.

      --
      I work for the Department of Redundancy Department.
    25. Re:Response by ClioCJS · · Score: 1

      If I own an office, I should be able to whip my workers.

      --
      -Clio
      Karma: Bad (mostly from not giving a fuck)
      Blog: http://clintjcl.wordpress.com
    26. Re:Response by mhajicek · · Score: 1
      I can see both sides on this one. Normally I'm pretty anti-surveillance, but on this one I have to go with the employer's rights. If I'm running a business, with my computers in my building, then I have a right to know what's going on in my building and what my computers are doing. If an employee brings in a laptop / netbook / smartphone or whatever else, then I have no right to know what's going on in that, so long as they're not using my network. I can, however, tell the employee not to bring it in if I so choose.

      If I own the ethernet cable that you're using, I have the right to know what's going through it. If you don't like that, don't use my cable. If I own the building you're in, I have the right to watch you. If you don't like that, leave. If I'm paying you to work for me, I have the right to watch you work. If you don't like that, find another job.

    27. Re:Response by Anonymous Coward · · Score: 0

      WTF are you crazy, you have no expectation of privacy, it is their stuff, you don't like it, quit, no one is making you work there.

    28. Re:Response by Anonymous Coward · · Score: 0

      I'm sorry, but if I (as a company) am paying for and providing computers and email for my employees to do their jobs I should have every right to monitor it.

      Um, why? You should have a right to expect that the job gets done -- that is what you pay them for.
      You may have a wish to see everything they do, but that doesn't make it a right, even though you rent their services. No more than my buying your products or renting your services gives me a right to install cameras in your office. No, it's not really different.

      Thank goodness the days of slavery and overseers are over. Well, in most of the civilized world, that is.

      a company has the right to read the businesses' emails to make sure they arent being used in an improper manner. in the same way they have a right to check a person's work.
      they have a right to install cameras to protect their property and their workers.

      german is just f'd up.

    29. Re:Response by eugene+ts+wong · · Score: 1

      I totally agree with you. Keep it up.

      In this situation, people are not supposed to have anything to hide, because the cameras aren't there to monitor private things.

    30. Re:Response by dave87656 · · Score: 1

      I have mixed feelings (and I live in Germany) about this. On the one hand, I agree that work time is work time and what I do with company property is the company's business. I can do my personal stuff at home.

      But I also agree that what I do in my personal time (i.e. facebook) is my business and that has no connection to my work life. People getting fired for what they have on FB isn't right.

    31. Re:Response by AmiMoJo · · Score: 1

      There seems to be a big difference between the way Europeans and Americans see work.

      Here in the EU we accept that everyone needs to work. The alternative is poverty, which is no alternative at all. As such we are basically forced to so there should be some protections in place to prevent work becoming more like slavery. After all, if you can't just give up work or move to a better job (not easy for most people, especially these days) then your employer has a lot of power and you have very little.

      As such our laws give workers a lot of rights.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    32. Re:Response by Golddess · · Score: 1

      The difference is that you don't own that office.

      I'm a telecommuter, you insensitive clod!

      --
      "I'm not sure I like the fugnutish tone you used in your post!" -RogL (608926)-
  2. Their equipment, their choice. by SudoGhost · · Score: 5, Insightful

    That would be like me saying I can't put a GPS on my car to keep tabs on where it goes when my son drives it. If you're on facebook at work when you should be working, I think the employer has a right to know about it. Also, no cameras? So they can't utilize technology, but they're still allowed to stand behind you and watch you work, right? The only difference between the two is the technology behind the first one.

    1. Re:Their equipment, their choice. by Nossie · · Score: 3, Funny

      I agree with you entirely!

      I know, lets put a tracker on your car and watch when you go over the speed limit by a fraction or decide to be in a hurry during slippery conditions. Don't worry, we wont bother you with actually being there to see it, we'll just take the money out of your bank account automagically and update your driving status accordingly. The old way, the police just have to sit behind you and watch you drive or have a speed camera aimed right at you. right? The only difference between the two is the technology behind the first one.

      Rodger :)

    2. Re:Their equipment, their choice. by jesseck · · Score: 2, Interesting

      No cameras? That made me think- convenience store cameras are generally pointed at the cash register, where employees work. Same with banks. Since the employees have a right to privacy, does that mean c-store or bank robberies cannot be taped?

    3. Re:Their equipment, their choice. by SudoGhost · · Score: 2, Insightful

      Apparently you've never seen red-light cameras.

    4. Re:Their equipment, their choice. by SudoGhost · · Score: 5, Insightful

      Read the title of the post you replied to. It's THEIR computers. The equipment belongs to them. Me monitoring my computer is completely different than me monitoring your computer. Therefore...I don't see what you're getting at with you're sarcasm.

    5. Re:Their equipment, their choice. by morcego · · Score: 5, Interesting

      You see, I think this is a really poor example.

      Traffic LAW states you cannot go over the limit. I really don't like the argument that "it is only illegal if they catch you at it". You don't like that law ? You have several options. You can not drive. You can try getting elected and get the law changed. You can lobby for a change, without even running for office. Just ignoring the law sets a very bad precedent, and actually invites more abusive laws (if you consider that law abusive).

      Now, back to the topic in question. So I own a company. I pay for the computer. I pay for the internet connection, electricity, desk, and even for the time you are there, supposed to be working. And I can't check on you ? Does that strike anyone else as utterly ridiculous ? Ok, I will accept (not agree) having to inform the employees the company will be monitoring. But not being able to check if the person is doing the work they get payed to do, is just stupid.

      --
      morcego
    6. Re:Their equipment, their choice. by martin-boundary · · Score: 3, Insightful
      I don't really see what you're trying to get at? All the employer has to do is block access to FB urls, and then they don't have to monitor the employee's FB activities at all.

      Spying is simply not needed to keep employees focused on the job.

    7. Re:Their equipment, their choice. by Anonymous Coward · · Score: 5, Insightful

      In Germany "LAW states you cannot go over the limit." in this case limit being you can't spy on employees. You will still know who is doing their jobs because they will get shit done while the others post stupid messages on slashdot. You most likely can still forbid them from using facebook, you just can't spy on them.

    8. Re:Their equipment, their choice. by Anonymous Coward · · Score: 0

      how would you know though

      getting shit done? well gee boss I was on the phone all day, and there isnt a fucking thing you can do to dispute that, now hand me my check

    9. Re:Their equipment, their choice. by Anonymous Coward · · Score: 2, Insightful

      Trust is one of the things you cannot enforce by spying on your employees. And trust is something you need if you want your company to be successful and/or your employees being happy. There are a million better ways to check if they get their work done.

    10. Re:Their equipment, their choice. by Nossie · · Score: 4, Informative

      I work for the worlds largest mobile telecom (that was a hint at its name not me suggesting grandeur) and due to laws in the UK I can not have a cellphone on the floor, by company policy I would be fired for using facebook, ebay, {insert any personal site here}. Once I used hotmail to assist a customer with their on-line account and a day later IT were round asking me what I was doing. All paper used during the day is shredded, bags aren't allowed on the desks etc etc The company can and does monitor me remotely, most of which is for customer satisfaction (when the call is recorded so is our desktop) They can tell when a call is released, how long you've been in aftercall/outboud/teabreak/comfort break etc for to the milisecond and if they are suspicious they can run traces on your turret to catch something you might be up to.

      I have not been fired for reading http://www.theregister.co.uk/ during my shifts... Although I vaguely remember it being sanctioned once on the intranet 'useful external resources list' (for it suddenly to disappear) If they ask me then I'm using it as research. Our e-mail is monitored and yet we still send round the odd joke etc...

      Personally I don't really mind the surveillance... you are right, under company time we shouldn't be slacking. What I do not like is the acceptance we have no privacy. You are inherently taking away from me something workers 20 years ago were privileged of, although I agree you should passively monitor employees like the governent mostly monitors roads... I *HIGHLY* discourage the idea of actively tracking an employee like you might a criminal.

      Do also remember I'm from the country where there is 1 camera per 14 people monitoring you already.

    11. Re:Their equipment, their choice. by drsmithy · · Score: 2, Insightful

      But not being able to check if the person is doing the work they get payed to do, is just stupid.

      Traditionally, this was done by people called "managers", who decided on things like "goals" the employee had to meet to be considered "productive".

    12. Re:Their equipment, their choice. by Anonymous Coward · · Score: 0

      But not being able to check if the person is doing the work they get payed to do, is just stupid.

      If you can't check that someone is doing work you're paying them to do without surveilling their person, maybe the fact you're employing them at all is "just stupid"?

    13. Re:Their equipment, their choice. by pentalive · · Score: 2, Insightful

      Why don't you just let them do what they will during the 14-16 hours they sit in your chair. Instead of micromanaging their minutes give them set tasks and goals they they must complete. "Keep your PO list down to 3 at the end of the day", "Handle all your tickets withing a 5 hour time frame (or whatever the SLA says it should be)" or "Get the new server built, configured and online within 3 days"

    14. Re:Their equipment, their choice. by Anonymous Coward · · Score: 0

      Yes, I agree. But if we are going to be nitpicking then a company is not really a person and can not expect to have the same rights as a person so GGP's argument is working just as well as employees on facebook.

    15. Re:Their equipment, their choice. by xnpu · · Score: 1

      So why are you paying for the internet connection if you don't want them to use it? Just so you can spy on them like a little perv? There's no law stating you need to provide them internet. You can simply disconnect it or, if they need certain sites/mail to perform their job, allow those sites only. (This is all assuming you fail to set your trust issues aside. IMHO maintaining a good relationship with your staff gets you much more than any monitoring or blocking solution.)

    16. Re:Their equipment, their choice. by Anonymous Coward · · Score: 2, Interesting

      Yes, because we all know that there is no such thing as a proxy

    17. Re:Their equipment, their choice. by xnpu · · Score: 5, Insightful

      How about we judge you on your performance instead? E.g. customer retention, sales, or whatever is suitable for your role. I wouldn't care if my top sales guy is on facebook all day, he would still be my top sales guy.

    18. Re:Their equipment, their choice. by Anonymous Coward · · Score: 0

      Should your landlord be allowed to put up surveillance equipment inside your apartment because they own the property? Should your ISP be allowed to monitor all of your internet traffic and read your email because it's on their equipment? Should the government be allowed to put tracking devices inside of your ID and money because it's their property?

      Think about what they've done in places like London. Do you want the government to be allowed to put up cameras that record everything you do, everywhere you go because you are on city/county (government) property?

    19. Re:Their equipment, their choice. by epine · · Score: 1

      Traffic LAW states you cannot go over the limit.

      Good grief. I was recently complaining about the tendency of a certain type of voice to polarize issues without much regard for which pole they end up occupying. The primary agenda is to reduce the discussion to black/white and exclude the middle ground where intelligent discourse takes place (spamflood permitting).

      There's an entire F'ing culture in western society concerning adherence to the speed limit. It's a band of speeds in proximity to the posted limit. The drivers know the customs and so do the police. The posted speed where I live is 50km/h. I drive the majority of the time in the 60-65km/h band. Haven't had a ticket in years. I'm smart enough to take my safety seriously. When traffic around me is slow, I don't make seven lane changes per mile to maintain my preference speed. And I don't drive a red Ferrari to draw attention to myself.

      Strangely, it's also LAW not to engage in selective enforcement, though this seems not to apply with much force to the availability bias of spotting a red Ferrari demonstrating its nimbleness. The LAW contradicts itself. The LAW contains multitudes.

      This is rather apt to this discussion as a whole. By no means will the available mechanisms of enforcement constitute much deterrent on the corporations willingly turning a blind eye.

      Nevertheless, the surveillance state is not without its participants, who won't fail to note that they are employed in the service of flouters in a Dickensinian enterprise. There's plenty of profit in flouting, but there's also no rest for the wicked. Perhaps a few will weary of the social opprobrium, even if the fangs of enforcement are dull.

      My only real surprise was to see this coming out of Germany first of all.

    20. Re:Their equipment, their choice. by The+Wild+Norseman · · Score: 1

      If you're on facebook at work when you should be working, I think the employer has a right to know about it.

      You're right when it comes to FB at work.
      TFS, however, states that the law would prevent potential employers from searching you out on FB before you're hired, to presumably prevent one from getting a job based on the inane stuff posted on FB.

      --
      "A government is a body of people usually -- notably -- ungoverned." -Shepherd Book
    21. Re:Their equipment, their choice. by Totenglocke · · Score: 1, Troll

      You don't like that law ? You have several options.

      Yes, you do. However, you are aware that it's been openly acknowledge that speed limits are kept below their efficient level due to local governments wanting ticket revenue and the federal government threatening to take away highway funding, right?

      Anyways - I prefer the option of driving at the speed that SHOULD be the speed limit (so significantly faster than what's posted, but well within the safe speed range) and if I get pulled over, I accept that I broke the law and don't complain. I don't know about where you live, but the norm where I am is that the majority of people do around 15-20 mph over the speed limit and, as long as you slow down to acknowledge there's a cop there, the police don't care as long as you're driving safely and not swerving all over.

      As for this law? Europe is full of laws like this that get passed due to the unions where the law exists to protect lazy workers from being fired. I'm surprised it took them this long to get a law like this on file.

      --
      "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." ~Thomas Jefferson
    22. Re:Their equipment, their choice. by Tom · · Score: 5, Insightful

      I pay for the internet connection, electricity, desk, and even for the time you are there, supposed to be working. And I can't check on you ? Does that strike anyone else as utterly ridiculous ?

      No, it doesn't. Your mental model isn't of employment, it's of slavery.

      I read TFA in the original language, not the crappy translation. We are talking about things like cameras in the toilets here. Yes, you definitely can't check on me there.

      And, quite frankly, it says a lot about the control freaks in management that they need to have it spelt out in a law that what I do in my private life after hours is something we used to call "private". Yes, even if I post it on Facebook for all to see. It is private in the sense that as long as my work is according to contract, it is none of your fucking business. I sold myself to you for 8 hours a day, 5 days a week, if you want to have anything to do with the other 16 hours and the other 2 days, we need to renegotiate my contract including pay.

      --
      Assorted stuff I do sometimes: Lemuria.org
    23. Re:Their equipment, their choice. by vigmeister · · Score: 3, Funny

      Looks like we all know that there's no such thing as a whitelist either...

      --
      Atheist: Buddhist in a Prius
    24. Re:Their equipment, their choice. by andreicio · · Score: 3, Informative

      That's the thing, this is about Germany. Of course there will be those that take advantage, but generally speaking the employed population is much more serious and correct about their jobs than in other countries.

      Also: the job of the boss is to know what each of his subordonates had to to that day/week and check if it's done. If an employee can trick the boss with stuff like "i was on the phone", than there's a bigger problem with the boss than the subordonate.

    25. Re:Their equipment, their choice. by Nossie · · Score: 2, Insightful

      To be truthful 95% of the monitoring done is seriously for training purposes.... the company spends a lot of time with an employee each month with both the TL and employee listening to a few calls and giving a pep talk as to what they thought went well and what did not..9/10 times the employee go away from the experience with a pat on the back tips to improve and the targets are discussed with how they feel they are progressing within the company.

      If an employee gets a terrible customer satisfaction survey with no obvious reason (the customer was foreign and didn't understand the procedure as an example or just did not have the time right then) we have a full team of quality people calling them back to confirm. Those scores effect our bonus and if any are deemed unfair they are struck off.

      Quality, adherence and average handling time is what our bonus / job expectation already gets weighted on. I'm sure though if they wanted rid of me they could go through all my calls / interactions and find x amount of faults that would be enough to get me out the door. The thing is - they don't actively look for problems My every keystroke is not logged... etc etc

      I'm also one of the highest in the company for customer satisfaction (but my AHT is through the roof =D )

      I may not have any expectation of having privacy - but I do have the expectation of being human.

    26. Re:Their equipment, their choice. by vigmeister · · Score: 2, Insightful

      Not spying on your employees is a good practice. Should good management practices be mandated?

      My take on it is that the law (common or otherwise) should grant employees an expectation of privacy even when they are at work. Companies that do want to monitor what is being done on their equipment during hours they are paying the employee should be allowed to do so. As long as they make sure they dispel this expectation.

      --
      Atheist: Buddhist in a Prius
    27. Re:Their equipment, their choice. by dadioflex · · Score: 1

      TBH I didn't think you could ever install cameras to watch your employees. In the UK the generally accepted wisdom was that all cameras were installed "for security" reasons and if they happened to catch someone slacking that was an "unintended consequence".

    28. Re:Their equipment, their choice. by Anonymous Coward · · Score: 0

      Traffic LAW states you cannot go over the limit.

      Just nit-picking here: unless the law is at the very base of the relativity theory and the said limit is the speed of light, I don't quite understand the limit.
      Probably you meant: "you must not go over the limit" because obviously you actually can.

    29. Re:Their equipment, their choice. by Anonymous Coward · · Score: 1, Interesting

      How are you going to know what goals to set when you don't know how much work they can do?

    30. Re:Their equipment, their choice. by Doc+Ruby · · Score: 5, Insightful

      Your employee isn't your son. Children have severely curtailed rights under the supervision of their parents.

      You are arguing that corporations are parents of workers who are children without rights.

      --

      --
      make install -not war

    31. Re:Their equipment, their choice. by jaxtherat · · Score: 1

      Because managers from beancounting backgrounds don't think in terms of milestones and projects, but in terms productivity and achieved hourly rates. ie *how you are doing it*, rather than *what you are doing*.

      --
      http://www.zombieapocalypse.tv/
    32. Re:Their equipment, their choice. by Anonymous Coward · · Score: 0

      Now, back to the topic in question. So I own a company. I pay for the computer. I pay for the internet connection, electricity, desk, and even for the time you are there, supposed to be working.

      Actually, your employees make you more money than you spend on those computers, internet access, electricity and salaries. If they didn't, then you wouldn't have much of a business, now would you?

      And I can't check on you ? Does that strike anyone else as utterly ridiculous ?

      Why don't you let all of your employees have complete access to your company's banking and payroll information so that they can make sure you have the funds to pay them with?

      Ok, I will accept (not agree) having to inform the employees the company will be monitoring. But not being able to check if the person is doing the work they get payed to do, is just stupid.

      If you treat your employees like shit, they'll all just use you as a stepping stone and then leave for better jobs. Not to worry, I doubt you'll be running any company any time soon if you can't even spell "paid". However, if you somehow do really operate a company, then you might want to consider getting that revolving door installed.

    33. Re:Their equipment, their choice. by c0lo · · Score: 1

      But not being able to check if the person is doing the work they get payed to do, is just stupid.

      While "employees doing the work they get paid" is a legitimate problem, spying on them is not necessarily the only solution. Alternate solution: checking that you get the work (results - including the time/scope/budget) that you paid for?

      --
      Questions raise, answers kill. Raise questions to stay alive.
    34. Re:Their equipment, their choice. by Anonymous Coward · · Score: 2, Insightful

      I don't see what you're getting at with you're sarcasm.

      You don't see what I am getting at with I am sarcasm?

    35. Re:Their equipment, their choice. by Anonymous Coward · · Score: 1, Funny

      To be really truthful 95% of statistics is bullshit. And the rest is just lies.

    36. Re:Their equipment, their choice. by xtracto · · Score: 1

      Yah, but for the 1 guy whose performance increases 10x after using Facebook, 100 other employees performance will decrease 2x.

      I am all for personal privacy, but I also agree with the idea that, for those 8 hours that you are being paid, you are expected to *spend* that time doing whatever you are paid for and not wasting your time.

      Moreover, I understand why companies would want to closely monitor the email of their workers. Ultimately, while you are on your work hours you *represent* the company, and anything you communicate can be used against them.

      Me? I do not take it personally. Although in my case rules are very very relaxed as I am in a German research institute (Max Planck, Leibniz, Fraunhofer, etc), but I do understand the background of such "draconian" requirements

      --
      Ubuntu is an African word meaning 'I can't configure Debian'
    37. Re:Their equipment, their choice. by tukang · · Score: 1

      Would you care if your top sales guy was performing worse than all the bottom sales guys at your competition? In other words, would you care if you had a company wide productivity problem?

    38. Re:Their equipment, their choice. by munky99999 · · Score: 2, Insightful

      That's what he was alluding to. He's trying to draw comparison to saying that your employer reading your personal info is just as wrong and bad as the red-light cameras. Employees being paid to surf the net is wrong sure.. but some jobs you just dont have anything to do sometimes. Therefore you surf the net. http://xkcd.com/303/

    39. Re:Their equipment, their choice. by tukang · · Score: 1

      There's a fine line between checking on someone and spying on them just as there's a difference between logging how many hours a day an employee is on the phone and who's on the other line vs actually listening in on the calls.

    40. Re:Their equipment, their choice. by halowolf · · Score: 1

      Well my uncle didn't when his grandson clicked on a banner of made for kids that directed said grandson to a porn site. But I told him how to setup a whitelist for his grandson's internet surfing to make the internet a bit more friendlier with a bit less porn.

    41. Re:Their equipment, their choice. by xnpu · · Score: 3, Interesting

      I don't disagree Facebook can make performance suffer. I'm just saying I'll fire the affected person for poor performance, not for using Facebook.

    42. Re:Their equipment, their choice. by kwbauer · · Score: 1

      Landlord... No because I am paying him to use the apartment and the landlord does retain some right to occasionally have a look that I am not destroying his property. The landlord is not paying me to use his property and provide a service to him.

      ISP... No because I am paying them to carry my traffic. They are not paying me to use their service and equipment.

      Government... Money is not really the property of the government. It is something that governments produce and distribute to facilitate commerce.

      Notice the reversal of responsibilities between the employer/employee relationship and your red herrings (or whatever logical fallacy you were using).

      Since the summary was talking about what an employer was allowed (or not) to do, why is most of the discussion focusing on whether it is bad for the government to be doing it. Actually, I think governments should be watching government employees to make sure they are actually working. If they are not working but the work is getting done, then we can lay some of them off and save the taxpayers some money.

      The government should not be monitoring everyone for everything... It should only monitor those who it is paying to do something to make sure they are doing what they are paid to do and not doing things they are not supposed to do.

    43. Re:Their equipment, their choice. by mikael_j · · Score: 4, Insightful

      I take it you're american and living in a "right to work" (or whatever they call it) state? Because in the rest of the civilized world there are laws to protect everyone, not just employers...

      --
      Greylisting is to SMTP as NAT is to IPv4
    44. Re:Their equipment, their choice. by maxwell+demon · · Score: 1

      Maybe you should have RTFA. This is not about monitoring the user's use of facebook over employer's equipment. It's about collecting data about (potential) employees from social networking sites. It restricts use of them to data you actually have control over. That is, they e.g. cannot collect everything your facebook friends say about you. I wonder, however, how this is intended to be controlled. After all, the potential employer won't tell you "you're not getting this job because someone on facebook claimed you're drunken all the time." Another thing is that it restricts demands on job applicants to have a medical examination to cases where this is actually needed for the job (if you are going to sell food, it's even required by law, OTOH for a programmer general health issues are not relevant (any that are relevant will inevitably show up at the interview).

      The at workplace stuff includes things like not putting cameras in toilets (actually I'm surprised at that, because I would have expected that already forbidden) and in other places where you are not actually expected to be working. And if you put up cameras in places where it is allowed, you must tell your employees about it.

      --
      The Tao of math: The numbers you can count are not the real numbers.
    45. Re:Their equipment, their choice. by xnpu · · Score: 1

      Obviously. But I would be looking at my HR dept. and managers more than the sales guys. In reality though, I haven't seen this happen. The majority of the employees we hire understand that if they respect the companies needs, it respects theirs too. The occasional rotten apple is usually quickly identified and removed. I dare argue that the spying mentality gets the good guys down more than it gets the bad guys up.

    46. Re:Their equipment, their choice. by syousef · · Score: 4, Insightful

      Yah, but for the 1 guy whose performance increases 10x after using Facebook, 100 other employees performance will decrease 2x.

      What you're saying is that you are employing people you have to babysit. If you pay peanuts you get monkeys. Trying to solve your problem by firing one monkey and replace with another monkey is just idiotic. Try hiring decent people and offering them training, personal development and advancement opportunities. They'll be motivated to do good work 90% of the time. Trying to push that to 92% by spying will only put you right back at no one decent wanting to work for you and again you're stuck with monkeys and babies..

      --
      These posts express my own personal views, not those of my employer
    47. Re:Their equipment, their choice. by Kireas · · Score: 4, Interesting

      I'm at work right now, using a mobile broadband connection I own, on a computer that I own.
      So no equipment or infrastructure that belongs to the company is in use. You say they should be able to monitor my computer via cameras, or software on the off-chance I need to use the company network for files?

      Interesting. Personally, I'm neither for nor against such measures - I use SSH as a matter of course when I'm not at home, and don't use work computers if I can avoid it (and kill the VNC process if I have to use one). I've got nothing to hide, except possibly my personal e-mails to family, but I'm happier knowing there's no-one watching over my every move.

      --
      To much anime is bad for the brain...desu.

      Sorry. Couldn't help it.
    48. Re:Their equipment, their choice. by maxwell+demon · · Score: 1

      Just nit-picking here: unless the law is at the very base of the relativity theory and the said limit is the speed of light, I don't quite understand the limit.
      Probably you meant: "you must not go over the limit" because obviously you actually can.

      Well, in Germany there are roads where you cannot go over the limit. For the simple reason that there is none. :-)
      Oh, and depending on your car, you may not be able to go over the limit even if there is one.

      --
      The Tao of math: The numbers you can count are not the real numbers.
    49. Re:Their equipment, their choice. by sjames · · Score: 4, Insightful

      Only if an employer is a legal guardian. You bear considerably more responsibility for your son than an employer does for an employee, so you have considerably more right to watch over him. There is also a presumption (true for the vast majority of parents) that you genuinely have your son's best interests at heart, above even your own. This is never true of an employer for an employee (except in a family business of course).

      Note that the toilets at work also belong to your employer and if you visit them while at work, you're on your employer's time. Does that make video to a voyeur site fair? I'll guess that you don't think so and thus acknowledge that there is at least SOME expectation of privacy at work and the only argument is over how much. Further that mere ownership of the hardware and being on the employer's time is not necessarily sufficient to negate the expectation of privacy.

      There is actually a big difference between a manager standing behind you and a camera. You are able to watch the watcher (literally and figuratively) when the watching is done in person.

      As for facebook, they're meaning at all. As in they can't t electronically follow you around after work to decide if they like how you live your life, they must make their decisions based on what you do at work.

    50. Re:Their equipment, their choice. by Tom · · Score: 3, Insightful

      Most managers don't think like that, unfortunately. Remember that the majority of managers did not get anywhere by being good at anything real. It is mostly politics, connections, and being able to hide the bodies.

      To most managers, the top sales guy could be twice as good if he'd just stop slacking off at facebook all day.

      They don't understand that it may be an integral part of why he is as good as he is. Try to change him and you may find his performance changes as well - not necessarily in the desired direction.

      --
      Assorted stuff I do sometimes: Lemuria.org
    51. Re:Their equipment, their choice. by Tom · · Score: 5, Insightful

      Fortunately, here in Germany you can't just fire someone like that, either. :)

      You see, our laws work to protect the citizens, not just the corporations. You see, your "rights" as a corporation only exist because the laws of the land grant them to you. Your desire to ignore the (other) laws of the land is a little... stupid.

      As I said: Your mental model is closer to slavery than to a contractual relationship between adult citizens.

      --
      Assorted stuff I do sometimes: Lemuria.org
    52. Re:Their equipment, their choice. by sjames · · Score: 2, Insightful

      We as a society don't believe anyone should work under such conditions. Thus, we are revoking your charter. If you don't want to do business by our rules, GTFO.

    53. Re:Their equipment, their choice. by polar+red · · Score: 1

      vote a bit more for the military-industrial complex, and the roles will be reversed. hint : with the democrats it will take a bit more time (but not much).

      --
      Yes, I'm left. You have a problem with that?
    54. Re:Their equipment, their choice. by interkin3tic · · Score: 3, Insightful

      That would be like me saying I can't put a GPS on my car to keep tabs on where it goes when my son drives it.

      I don't know about "can't," but maybe you shouldn't (unless you have reason to think he's running drugs across the border.) If he's old enough to drive, then he's old enough to be off the leash a little. Trying to keep tabs on him at all times might just make him be less open about where he was with you.

      Similarly, there are situations where I could understand electronic monitoring of employees, but in most cases I'd expect surveillance would just make the employer/employee relationship more adversarial and less productive.

      Note that I am not a parent, nor do I know anything about management. Idle speculation and gut feelings only.

    55. Re:Their equipment, their choice. by MidnightBrewer · · Score: 1

      Your employer has the right to expect you to fulfill the terms of your contract. Typically, this means completing your assigned tasks and staying at work for a specific period of time. If Facebook helps my employees to be more productive, then more power to them.

      --
      "Give a man fire, and he'll be warm for a day; set a man on fire, and he'll be warm for the rest of his life
    56. Re:Their equipment, their choice. by Zumbs · · Score: 1

      Basicly, you are arguing that using something owned by someone else gives them the right to monitor you in any way they want. By that argument, the postal service is entitled to read your mail, your ISP is entitled to monitor you internet usage (deep package inspection), and your telecompany are within their rights to record and listen in on your telephone calls. Whenever you decide to enter a publicly owned area (such as roads), the government is allowed to monitor you as well.

      --
      The truth may be out there, but lies are inside your head
    57. Re:Their equipment, their choice. by Thiez · · Score: 1

      oO You wouldn't survive for 5 minutes in Europe...

    58. Re:Their equipment, their choice. by PseudonymousBraveguy · · Score: 5, Informative

      In Germany, everybody has by law a rigth to privacy. In this case, the right of the employer to install surveillance software on their computers has to be weighted against the right of the employee. It was decided that the right of the employee was more important. (Actually the decision was a little more complex than this because there are still cases where the right of the employer is considered more important than the imployee's right to privacy. E.g. it is still allowed to monitor employees it there is a reasonable suspection of a crime or corruption. And if it is neccessary to monitor the location of employees for security reasons, you are still allowed to do that. But you are not allowed to do it secretly)

    59. Re:Their equipment, their choice. by nem75 · · Score: 1

      Now, back to the topic in question. So I own a company. I pay for the computer. I pay for the internet connection, electricity, desk, and even for the time you are there, supposed to be working. And I can't check on you ? Does that strike anyone else as utterly ridiculous ?

      If your employees are so highly motivated that you need to watch over their shoulders to check they do their job, you've got a whole other set of problems that no surveillance in the world will solve for you.

    60. Re:Their equipment, their choice. by neumayr · · Score: 1

      That would be like me saying I can't put a GPS on my car to keep tabs on where it goes when my son drives it.

      Really? So you have the same relationship to your son as an employer to his employees? To each his own I guess.

      If you're on facebook at work when you should be working, I think the employer has a right to know about it.

      Like that doesn't happen anyways. Who actually works the whole 8 hours a day continuously? No one, everyone takes a break at times. At least people with jobs worth doing... Guess when you could be replaced by a robot or a moderately clever shell script, you can manage to stay at it for 8h...

      Also, no cameras? So they can't utilize technology, but they're still allowed to stand behind you and watch you work, right? The only difference between the two is the technology behind the first one.

      Getting constantly recorded is the same thing as someone standing behind you constantly? I don't think so. When you're constantly recorded you subtly change your behavior, hoping not to get the attention of whoever watches the monitors. When there's someone behind you you're just perpetually spooked.

      --
      Truth arises more readily from error than from confusion. -Francis Bacon
    61. Re:Their equipment, their choice. by YeeHaW_Jelte · · Score: 1

      Now, back to the topic in question. So I own a company. I pay for the computer. I pay for the internet connection, electricity, desk, and even for the time you are there, supposed to be working. And I can't check on you ? Does that strike anyone else as utterly ridiculous ? Ok, I will accept (not agree) having to inform the employees the company will be monitoring. But not being able to check if the person is doing the work they get payed to do, is just stupid.

      Agreed, and this is not at all what the law proposes; it just sets limits to what, where and how the employer can check. E.g. no video camera's on the toilets, only medical exams pertaining to strictly work related stuff, no reading of personal emails etc.

      Seems perfectly reasonable to me.

      As a last note: you can spy on your employees all you want but that'll never be a replacement for trust and mutual benefit.

      --

      ---
      "The chances of a demonic possession spreading are remote -- relax."
    62. Re:Their equipment, their choice. by neumayr · · Score: 1

      If you have to monitor the person doing the work to know it is getting done something is...off.
      Usually, you should be aware of what that person is supposed to do, and when that isn't getting done, only then you have any reason to question the person's workhabit. And even then, you don't go out get surveillance equipment and record that person's every move - no, you talk to him. That's a human being you're dealing with there, you can communicate with him. Your monitor the work done, not the guy doing it.

      --
      Truth arises more readily from error than from confusion. -Francis Bacon
    63. Re:Their equipment, their choice. by PseudonymousBraveguy · · Score: 3, Insightful

      Now, back to the topic in question. So I own a company. I pay for the computer. I pay for the internet connection, electricity, desk, and even for the time you are there, supposed to be working. And I can't check on you ? Does that strike anyone else as utterly ridiculous ? Ok, I will accept (not agree) having to inform the employees the company will be monitoring. But not being able to check if the person is doing the work they get payed to do, is just stupid.

      I sense a big cultural difference here. You seem to assume that your employees generally are trying to slack and not doing their work. In Germany we usually assume that employees do their job and have some sort of loyalty to the company. I believe that employees tend to work better if they are shown some trust. Of course there will allways be some people who are misusing this trust, but the majority will be more productive.

      Additionally I feel there should be borders to what an employer can do with his employees (there obviously are). In Germany, you have a right to privacy. The employer should not be allowed to breach that right without a very good reason (and indeed, there are exceptions in that law, e.g. if you stronly suspect an employee of beeing corrupt, you are allowed to monitor him)

    64. Re:Their equipment, their choice. by Anonymous Coward · · Score: 0

      you'll know about it when it comes time for them to show you the fruits of their labor.. if they can't show it, they haven't done their work... you don't need to pull a 1984 on their every move to monitor progress.. keep the monitoring focused on results and you'll be fine.

    65. Re:Their equipment, their choice. by ultranova · · Score: 1

      How about we judge you on your performance instead? E.g. customer retention, sales, or whatever is suitable for your role.

      How about we stop being obsessed with performance, and accept that for most jobs there is no performance standard that makes sense?

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    66. Re:Their equipment, their choice. by LKM · · Score: 1

      Yah, but for the 1 guy whose performance increases 10x after using Facebook, 100 other employees performance will decrease 2x.

      You're merely making an assertion without offering any evidence. People have found ways for slacking off even before the Internet was invented. Instead of standing around the water cooler, they now use Facebook. Is making a comment on Facebook "better" or "worse" than chatting at the water cooler? I don't know, and without any evidence, none of us knows.

    67. Re:Their equipment, their choice. by Anonymous Coward · · Score: 0

      Good, he can come work at my company then. We can use all of the sensible and free-thinking people we can get to help grow and evolve.

      Have fun with your automatons and good luck with the future of your stagnant business. We also hope that you are able to get some help with your self-esteem issues, anger problems and the inevitable lawsuit for the felony assault and illegal detainment carried out by you and your security personnel. :)

    68. Re:Their equipment, their choice. by ArsenneLupin · · Score: 3, Insightful

      Read the title of the post you replied to. It's THEIR computers. The equipment belongs to them. Me monitoring my computer is completely different than me monitoring your computer. Therefore...I don't see what you're getting at with you're sarcasm.

      It's the cybercafé's computer. Does that mean they can put a keystroke logger on there?

      It's the bathhouse's hottub. Does that mean that they can put a camera pointing at it?

      It's the clothing store's fitting room. Does that mean they can put a camera in there?

      It's the restaurant's toilet. Does that mean they can put a camera in there?

    69. Re:Their equipment, their choice. by ArsenneLupin · · Score: 2, Informative

      Looks like we all know that there's no such thing as a whitelist either...

      Well probably they don't want to 100 of requests per day to whitelist sites that are relevant to work....

      And for some people (such as HR, marketing, customer support...), facebook is relevant to work.

    70. Re:Their equipment, their choice. by ArsenneLupin · · Score: 1

      What does a bottom sales guy do? Normally the company is supposed to screw the customer, not the other way round...

    71. Re:Their equipment, their choice. by Anonymous Coward · · Score: 0

      Seriously? you guys are still going on about this? It doesn't say anything about monitoring usage on facebook. It says that an employer can't use their facebook profile against them. ie. What were you doing out drinking last weekend? Jesus, do you people even bother to read the summary anymore?

    72. Re:Their equipment, their choice. by dna_(c)(tm)(r) · · Score: 2, Insightful

      [...] I think the employer has a right to know about it.[...]but they're still allowed to stand behind you and watch you work, right? [...]

      Measure productivity instead of putting your employees under surveillance.

      The meek inherit the totalitarian regime...

    73. Re:Their equipment, their choice. by gnasher719 · · Score: 1

      Well, in Germany there are roads where you cannot go over the limit. For the simple reason that there is none. :-)

      There is always the implicit limit that you are not allowed to drive faster than is safe according to the road, weather and traffic conditions. Even if there is no explicit speed limit. If you drive past a police car at 100mph in pouring rain you will be in trouble. There are also some interesting rules about whose fault an accident is. When driving fast you must take into consideration that others will make mistakes; if you don't then an accident is likely your fault. Like you have to expect that someone pulls out to overtake a lorry when you whizzing past them at 120 mph, right in your way. Accident is your fault.

    74. Re:Their equipment, their choice. by Anonymous Coward · · Score: 0

      So I own a company. I pay for the computer. I pay for the internet connection, electricity, desk, and even for the time you are there, supposed to be working. And I can't check on you ?

      Well, I invest a lot of time and energy in the company, and wil get into problems if I loose my job over shoddy management. And your bungling-up will cause a lot more trouble than mine. So can I check if you're working and doing it right too ?

      In that case please put the monitor for the camera in your office where I can see it please. And leave your phone-call and internet-connections listings as well as your results of the mandatory tox-screens on the billboard in the hall please.

    75. Re:Their equipment, their choice. by shaitand · · Score: 1

      There is a big difference, cameras record.

    76. Re:Their equipment, their choice. by shaitand · · Score: 1

      It's one thing if you block me from going to a website on your equipment, it is quite another to install a key logger.

    77. Re:Their equipment, their choice. by gnasher719 · · Score: 1

      Your employer has the right to expect you to fulfill the terms of your contract. Typically, this means completing your assigned tasks and staying at work for a specific period of time. If Facebook helps my employees to be more productive, then more power to them.

      If employee A does all the work in six hours with two hours on facebook, and employee B does the same work in eight hours, working slower but without facebook breaks, there should be no difference to the employer. Obviously it's a shame that A wastes his time when they could get a bonus or promotion or whatever by working seven or eight hours a day and achieving more, but still the employer gets what they pay for.

    78. Re:Their equipment, their choice. by shaitand · · Score: 2, Insightful

      I use an ssh tunnel to a proxy running on my home connection and a portable firewall application to block any company network traffic other than what I have to open to actually perform my work.

      As long as I do my job its none of the company's damn business what else I might be doing.

    79. Re:Their equipment, their choice. by xnpu · · Score: 1

      I can't speak for other employers, but I would never hire someone without having measurable expectations. (I honestly don't see how I could hire someone without telling them what I expect from them.) I'll agree with you though that there are companies who turn simple performance measurement into a fake science and come up with incomprehensible matrixes and what not that serve no real purpose other than to make them money.

    80. Re:Their equipment, their choice. by shaitand · · Score: 1

      "But not being able to check if the person is doing the work they get payed to do, is just stupid."

      It is not necessary to violate privacy to check if employees are working. Their work output does that.

      This reminds me of ridiculous policies like retail making employees straighten shelves during their downtime and factories making employees push a broom.

      Just because employees are being paid doesn't make it a crime to have and relax during downtime.

    81. Re:Their equipment, their choice. by shaitand · · Score: 2, Insightful

      That would depend on what they are supposed to be doing? Just because you can't listen to an employees phone calls and record them scratching their ass doesn't mean you can't track their sales/resolutions/or whatever it is you have them on the phone for.

    82. Re:Their equipment, their choice. by dna_(c)(tm)(r) · · Score: 4, Insightful

      Read the title of the post you replied to. It's THEIR computers. The equipment belongs to them. Me monitoring my computer is completely different than me monitoring your computer. Therefore...I don't see what you're getting at with you're sarcasm.

      It is the employers computer, and the employee's privacy, e-mail, Facebook account.

      By your reasoning, every ISP has a right to read your e-mails/chat/... since you use their equipment. Oh boy. Privacy matters. Look at North Korea, Iran etc. and see how they suppress opposition.

      You're correct that somebody who gets paid to do some useful (or not so useful) stuff required by an employer shouldn't be doing something else instead. Would you like your employer to get access to your home to look for things that might make you less productive? Like too much bottles of wine? Of course not. Instead, they have to keep an eye open for detecting people that are drunk or sleepy.

      Better still, monitor performance not what they do. Who cares you handle 5 private mails during the day when your productivity is 20% more than average?

      When you start sending your employees the message that they are paid for being present and not for being productive, your productivity plummets.

    83. Re:Their equipment, their choice. by shaitand · · Score: 2, Insightful

      Besides that, what is the average turnover at your call center where they expect you to be working every second of the day?

      They might be able to get away with fewer reps by trying to exploit them to the max but I doubt any of them stick around long enough to get very good at what they do.

    84. Re:Their equipment, their choice. by shaitand · · Score: 1

      "100 other employees performance will decrease 2x."

      Yeah the hundred that don't meet their sales quotas consistently and therefore get fired.

      In the same token for every oddball job where you have no reasonable way to metric performance there are a thousand more where you do. It doesn't make sense to restrict the privacy of the other 999 job functions for the sake of the employer with someone filling the other job role.

    85. Re:Their equipment, their choice. by Anonymous Coward · · Score: 0

      So because of traffic cameras you are ok with the company monitoring you? Maybe you then equate working with driving. You made pretty clear that you are a phone drone and certainly your job is as mindless an activity as driving. But not all jobs are as mindless: employers cannot push this shit to highly qualified, highly productive employees.

      The UK is in too many aspects too culturally close to the US. It's a shame.

      Maybe your government should promote cultural change in which citizens are treated like respectable human beings instead of potential criminals (and not minding it for some perverted 'greater good'). You are doing something wrong.

    86. Re:Their equipment, their choice. by shaitand · · Score: 3, Insightful

      The goals are based on business needs not on milking every ounce of possible performance out of each employee.

      Of course some metric of performance is needed to know how much staff you need. If there isn't a hard requirement like the number of simultaneous calls to be handled that sets this number for you then you set goals and find the median performance of the staff. Employees far above it get rewards (actual rewards like raises, bonuses, and promotions, not put into a monthy drawing for a TGI Fridays gift card), employees far below it get disciplined and ultimately fired. This will drive employees to want to exceed goals.

      Most employees aren't going to push the bar and there is nothing wrong with that. It doesn't mean they shouldn't get breaks and especially doesn't mean you should punish those who can beat the goals by requiring more output from them than everyone else.

    87. Re:Their equipment, their choice. by bickerdyke · · Score: 1

      Sorry, you're WRONG.

      This law is against checking the private facebook profiles of applicants/employees.

      And more, it allows the use of surveillance cameras as much as their use was allowed before.

      This law is a joke as it prohibits 90% things that were prohibited by other laws before and 10% prohipits access to public sources.

      --
      bickerdyke
    88. Re:Their equipment, their choice. by jandersen · · Score: 1

      How about we judge you on your performance instead?

      This is of course very sympathetic; however, one has to recognise that there are circumstances where this is not enough; in a reality where you can sometimes be sued for sneezing in the wrong way, it is sometimes important to have very detailed records, that will stand up in court. This is not to say that it is necessary in every case, but one size simply doesn't fit all.

      When the talk falls on the subject of surveillance, it always occurs to me that the discussion misses a fundamental point: that the relationship between employer and employee is based on trust. Both sides trust each other to fulfill their part; when the employer starts surveilling everything you do, it is difficult not to see it as mistrust - which is odd, since very often they trust you to handle some of the most sensitive and valuable assets of the company, while at the same time they are paranoid about whether you go to loo to often. Something doesn't quite add up there.

    89. Re:Their equipment, their choice. by shaitand · · Score: 1

      You know that studies show that attempts to maximize productivity by keeping employees busy all the time actually reduce both the quantity and quality of their overall output.

    90. Re:Their equipment, their choice. by rolfwind · · Score: 1

      That would be like me saying I can't put a GPS on my car to keep tabs on where it goes when my son drives it. If you're on facebook at work when you should be working, I think the employer has a right to know about it. Also, no cameras? So they can't utilize technology, but they're still allowed to stand behind you and watch you work, right? The only difference between the two is the technology behind the first one.

      I would have an expectation of privacy, if I go to the bathroom. I also don't want the moments I wipe my nose or reset my underwear recorded and made public. Even if it's on company time.

      OTOH, a stripper would have different expectations of privacy. But I'm sure even a porn star wouldn't want their dressing room bugged and recorded.

      And yeah, you can stand behind me and watch me work. I guess that is reasonable if I worked at 7-11 or we were at a construction site where you were a foreman. But that makes me self-conscious, and even a US WW2 manual I read once said that if in the bosses or superior's presence the workers suddenly jump and become super busy, suspect that they were slouching on the job. It would be enough to monitor the results of my work in my industry. You can't tell a competent coder from an incompentent one by how much they type anyway.

      I also don't want my personal email monitored anymore than my private phone calls, even on company time, because the world doesn't stop just because some time clock gets punched. Life goes on. But if that personal stuff is taking so much time as to interfere with my work to a greater extent that normal, by all means, fire me.

      OTOH, if you want stuff private, don't put it on facebook!

    91. Re:Their equipment, their choice. by sosume · · Score: 1

      >the postal service is entitled to read your mail,
      >your ISP is entitled to monitor you internet usage (deep package inspection),
      >your telecompany are within their rights to record and listen in on your telephone calls.
      >Whenever you decide to enter a publicly owned area (such as roads), the government is allowed to monitor you as well.

      How scary, this is all true. Telcos have a duty to record and store all phone and internet traffic. Cameras are everywhere on the roads.

    92. Re:Their equipment, their choice. by Aceticon · · Score: 1

      Nah, measuring results which are not absolutes would be too hard.

      Nowadays, certainly in the UK, performance is usually measured using easy to measure absolute things like how long do you sit in your chair every day, not by measuring actual results.

      Management in the UK is mostly crap (and I say this from experience and by comparisson with other countries where I also worked) and it's not by chance that this country has the lowest productivity in the services sector in all of Europe.

      Working in IT in Investment Banking in London (and having worked in both IT and Banking companies previously outside the UK) I can tell you that the level amateurism and the amount of manpower wasted around here are staggering: In my rough estimate we need 3 times as many people then otherwise due to things like improper design for maintenability, lack of any Software Development Process, improper physical work environments and almost zero re-usability.

    93. Re:Their equipment, their choice. by Dhalka226 · · Score: 5, Insightful

      I understand where you're coming from, but I do not agree.

      What a law like this is, more than anything, is a recognition of the inherently unequal balance of power in a (potential) employer-employee relationship. Here in the US we tend to pretend that it's a mostly equal relationship and that all of this sort of thing is properly evaluated as part of the proffered salary. Some people really are studly enough that they can demand and receive anything they want from any employer they want, but the vast majority of the world isn't. In fact I'd be willing to bet the majority of workers simply feel lucky to have a job at all.

      That being the case, if this law is worth passing then it's because privacy is worth protecting. Creating a law demanding respect for an employee's privacy and simultaneously writing in a loophole that almost any company would be able to exploit to completely ignore it has no value. They may as well not write the law; it's not helping anybody.

    94. Re:Their equipment, their choice. by Anonymous Coward · · Score: 0

      I used to work at a medium-sized cellphone provider in the UK - only a couple of mil. customers sorry - and we were allowed to do pretty much what we wanted with cellphones, Internet, etc.

      I suspect it's your management being asshats.

    95. Re:Their equipment, their choice. by ultranova · · Score: 1

      I can't speak for other employers, but I would never hire someone without having measurable expectations. (I honestly don't see how I could hire someone without telling them what I expect from them.)

      How do you measure a programmers performance? By lines of code, by problems solved, the inverse of difficulty of maintenance of code produced, or what? Any simple standard is going to fail because the goal is complex, and any complex standard is going to encourage office lawyers splitting hairs to maximize their number, rather than doing useful work.

      Ultimately, you either trust your employees to have work ethic, in which case trying to quantity performance is a waste of time, or you don't, in which case trying to quantity performance simply gives them more opportunities for weaseling. Just look at any country's laws for an example; notice how they evolve over time into mind-bendingly convoluted maze as people find new loopholes and lawmakers try to close old ones? The same will happen for any attempt to measure performance with any kind of accuracy.

      I'll agree with you though that there are companies who turn simple performance measurement into a fake science and come up with incomprehensible matrixes and what not that serve no real purpose other than to make them money.

      They don't usually serve even that much of a function; they're there simply to make the management feel like they're doing something. But then again, nowadays companies not only have to be profitable, but they have to exceed the expectations on every quarter, least the share price falls, which of course is an impossible task, so perhaps it's understandable that the management is turning to voodoo in desperation.

      --

      Forget magic. Any technology distinguishable from divine power is insufficiently advanced.

    96. Re:Their equipment, their choice. by Anonymous Coward · · Score: 2, Interesting

      And for some people (such as HR, marketing, customer support...), facebook is relevant to work.

      From the summary: "Also, potential employers would not be allowed to view an applicant's profile at Facebook or any other social network that hasn't actually been made for this purpose."

      It seems that the German government wants to decide that FaceBook is not relevant for HR.

    97. Re:Their equipment, their choice. by Anonymous Coward · · Score: 0

      That would be like me saying I can't put a GPS on my car to keep tabs on where it goes when my son drives it.

      Actually that is legal, until your child reaches a certain age, depending on the country's laws. Basically you are responsible for most of his behavior. Maybe someone can add more details here.

      If you're on facebook at work when you should be working, I think the employer has a right to know about it. Also, no cameras? So they can't utilize technology, but they're still allowed to stand behind you and watch you work, right? The only difference between the two is the technology behind the first one.

      Umm... screw you. There are many other ways to see how productive your employees are. For instance THE RESULTS of their work. Why the hell would you want to watch them all day long, you sick bastard ? Do you want to watch them in bathrooms too just to make sure they are not staying in there just to avoid work ?
      Also, the difference in technology is huge: it's the difference between being checked once in a while and being watched all the time (like a Panopticon).

      In any case, I suspect you are in the employers camp, and not in the employees camp, otherwise you wouldn't say this kind of shit.

    98. Re:Their equipment, their choice. by Nossie · · Score: 1

      Like the 15 minutes between calls that I'm doing now? In the current climate we are one of the few places hiring for new departments. Nobody is leaving and we just hired another 200.

    99. Re:Their equipment, their choice. by bickerdyke · · Score: 1

      Only if an employer is a legal guardian.

      It is not unusual than an employer has some additional protectional duties to fulfill when employing minors.

      It's part of the german system that much of your formal education can actually be gained in a company. (you can finish regular school with 15 and continue with an apprenticeship. During those years, you spend 50% in a job related school and 50% in a company. In that company, you're not only in a employee-boss relationship, but also in a pupil-teacher relationship (both with your boss))

      --
      bickerdyke
    100. Re:Their equipment, their choice. by Nossie · · Score: 1

      Phone drone? Come do my job for a day and see how you get on. Outbound centres give us a bad name, bit like saying your tech team must be based in India

    101. Re:Their equipment, their choice. by xnpu · · Score: 2, Insightful

      I think you already think too much like a computer ;-)

      Lines of code or number of problems fixed are not things I can send my client invoices for. Delivering the agreed products on the agreed dates is.

      I measure my programmers performance by their ability to meet the agreed deadline. A deadline usually proposed by themselves and regarded as reasonable by everyone involved, including a number of their peer programmers and myself.

      Really, if you deal with humans as humans rather than as machines, things become very measurable. Some of them actually spend their time at the office just to interact with their peers, brainstorm and kick around some ideas while they do much of the actual coding at home during the night. This is totally cool with me and doesn't in any way affect my ability to measure their performance.

    102. Re:Their equipment, their choice. by Anonymous Coward · · Score: 0

      That is not the case here either, the summary is a bit misleading. In Germany, an employer can forbid his employees to use the computers for private purposes. If he does that, monitoring the traffic etc. is still legal even with the new law. However, if the employer explicitly allows private use (which is actually quite common), then he may not monitor it either. That is actually the current state of law, what is being changed is that it's made clearer what the employer has to communicate about the surveillance.

      The major part of the new law concerns other issue. There were some scandals over here when companies put up hidden surveillance cameras in toilets, break rooms, etc. without informing anyone. In these cases, the law sees no legitimate reasons for surveillance in such locations. Normal surveillance at the work place is still allowed if it is clearly communicated and if the employer can justify it (which is not too hard).

    103. Re:Their equipment, their choice. by Anonymous Coward · · Score: 0

      Well, no, you are not allowed to constantly monitor employees. That's harassment, mobbing, etc. Note, Germany is a democracy, meaning laws are made not to benefit a single person's wallet (productive slaves working for them), but to run a society where quite a lot of people benefit - and that means the corporations do not even have claim to the utmost performance possible - just reasonable performance. Someone checking private e-mail during breaks or maybe a not so busy period at work should be acceptable... it does not significantly hurt a company.

      Overall, it is pretty obvious that you don't need to cause a climate of terror to see whether your employees do work. Just have a look at, you know, the work they did. Meet them in their office some time or the other. You don't need to be the secret police to ensure good work.
       

    104. Re:Their equipment, their choice. by Anonymous Coward · · Score: 0

      No sir. You, simply believe in rights and rights and rights . We believe in truths. You have your truth, I have my truth, but I own the company. Tow the line, perform, and slack off. Pick two of three to succeed.
      Hippy

    105. Re:Their equipment, their choice. by shaitand · · Score: 1

      What percentage of your staff have been there longer than 2yrs?

      Fifteen minutes really isn't very long but having worked in a call center that sounds like the slowest time and not the average or certainly not the busiest time.

      I worked for Sony in the US. They had pretty much the same sort of monitoring/tracking you describe. They had meetings like you mention for quality assurance but that isn't really for customer benefit it is to make sure you are doing things the way they want them. It's also an excuse to record all the incoming calls legally and delete any that don't support their case come lawsuit time.

      During the slow times you might have as much as 30 minutes between calls at times. But most of the time you had less than 5mins and a good portion of each day it was one call after another.

      Sony was always hiring too and they were very proud of their turnover, one of the best in the industry. They averaged 90 days.

    106. Re:Their equipment, their choice. by Anonymous Coward · · Score: 0

      You're still using the aether in the office.

    107. Re:Their equipment, their choice. by dave420 · · Score: 0, Flamebait

      Christ. Not one for reading, huh? The bill is pushing for the privacy of workers from being spied on or having their communications intercepted. It's not about installing a white-list or some sort of internet filter.

    108. Re:Their equipment, their choice. by Anonymous Coward · · Score: 3, Insightful

      Yes to all, provided patrons are informed. People can then vote with their money.

    109. Re:Their equipment, their choice. by Anonymous Coward · · Score: 0

      What a crappy job you have. Is there nothing better available in your area ?

    110. Re:Their equipment, their choice. by couchslug · · Score: 1

      What portable firewall app are you using?

      --
      "This post is an artistic work of fiction and falsehood. Only a fool would take anything posted here as fact."
    111. Re:Their equipment, their choice. by irtza · · Score: 1

      Watch employees work? No.

      You just shut the door and assume everything goes to plan. What?

      --
      When all else fails, try.
    112. Re:Their equipment, their choice. by Johann+Lau · · Score: 1

      "That would be like me saying I can't put a GPS on my car to keep tabs on where it goes when my son drives it."

      So? Where I live, that's a perfectly reasonable suggestion (to forbid that)... while the idea that you wanna "keep tabs" on your adult son would be met with not just a frown, but distance. You'd weird us out, man. Yay, Germany has come a long way :P

      And I hope it stays that way. I like my humanity humane.

    113. Re:Their equipment, their choice. by Anonymous Coward · · Score: 0

      I don't know about where you live, but the norm where I am is that the majority of people do around 15-20 mph over the speed limit and, as long as you slow down to acknowledge there's a cop there, the police don't care as long as you're driving safely and not swerving all over.

      I don't know where you live, but you'd run out of points on your license PDQ if you routinely drove 20mph over the speed limit here.

    114. Re:Their equipment, their choice. by Johann+Lau · · Score: 1

      "not being able to check if the person is doing the work they get payed to do, is just stupid."

      Nice try, but that's not what it is. There are MANY professions which don't involve computers. Somehow, people still show up and somehow, their boss has a rough idea of wether they are working or not.

      To check if someone does the work they get paid for does NOT require putting them under surveillance. You simply occasionally check wether they deliver the desired results. Simple.

      Yes, that means if someone stops working, you won't notice it the same nanosecond... well, too bad, but that's nowhere near as bad as surveillance.

    115. Re:Their equipment, their choice. by youn · · Score: 3, Funny

      You mean like putting a small room at a major ISP with unrestricted access to the data flow... that wouldn't happen, especially in industrialized countries... heck even if it did, people would eventually find out and the telecom companies would get prosecuted... it's not like they have immunity or something ;)

      --
      Never antropomorphize computers, they do not like that :p
    116. Re:Their equipment, their choice. by zippthorne · · Score: 1

      as long as you slow down to acknowledge there's a cop there, the police don't care as long as you're driving safely and not swerving all over.

      See, here's the problem.. That part is not safe. People slam on the brakes to slow down, and traffic bunches up around the cops, so from the speed change you're increasing your risk of collision, and losing your escape routes (i.e. the gaps in the other lanes you could've gone to if it wasn't an all-lanes slowdown.)

      I'm not suggesting that your speeding is the problem, though. Rather that the expectation everyone should slow down for the cops is. I wish someone would do a study of just how many "speed related" accidents start within 300 ft. of a "speed trap."

      --
      Can you be Even More Awesome?!
    117. Re:Their equipment, their choice. by Jesus_666 · · Score: 1

      Of course it's entirely possible that worker A needs those two hours of downtime in order to be more productive during the other six. Either way, I agree that the employer shouldn't worry about anything besides the amount and quality of work done.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    118. Re:Their equipment, their choice. by Jesus_666 · · Score: 1

      How scary, this is all true. Telcos have a duty to record and store all phone and internet traffic. Cameras are everywhere on the roads.

      Your country is a profoundly scary place.

      --
      USE HOT GRITS WITH STATUE OF NATALIE PORTMAN (NAKED AND PETRIFIED)
    119. Re:Their equipment, their choice. by Anonymous Coward · · Score: 0

      Also, no cameras?

      No, that's not what it says... RTFA: "The secret video surveillance of workers should be prohibited..."

    120. Re:Their equipment, their choice. by geminidomino · · Score: 1

      And for some people (such as HR, marketing, customer support...), facebook is relevant to work.

      Not in Germany! :)

    121. Re:Their equipment, their choice. by Deorus · · Score: 1

      > Now, back to the topic in question. So I own a company. I pay for the computer. I pay for the internet connection, electricity, desk, and even for the time you are there, supposed to be working. And I can't check on you ?

      That's right, my privacy is not your property.

      > Does that strike anyone else as utterly ridiculous ?

      Only to any idiot who doesn't understand the relation between privacy and freedom.

      > Ok, I will accept (not agree) having to inform the employees the company will be monitoring.

      Not only inform, you have to ASK for their free consent, and if they REFUSE you can't condition them!

      Let us try an analogy: just because someone invaded your property doesn't make it legal for you to kill them. You might get an attenuation for doing it in self defense, but killing people is always a crime.

    122. Re:Their equipment, their choice. by 91degrees · · Score: 1

      Maybe, maybe not. But whatever the case, facebook use is an untested metric. As such, it's a pretty moronic thing to use as a performance measure.

    123. Re:Their equipment, their choice. by ArsenneLupin · · Score: 1

      Not in Germany! :)

      So count HR out, but it will still be relevant for marketing and customer support...

    124. Re:Their equipment, their choice. by Anonymous Coward · · Score: 0

      Its important that you get the work done that you are paid for, not that you are busy 8h a day - noone wants to pay you for that. And no its not ok to stand behind someone and watch (check) what hes doing, working with someone should be based on trust not control.

    125. Re:Their equipment, their choice. by geminidomino · · Score: 1

      living in a "right to work" (or whatever they call it) state?

      "At will employment" state. "Right to work" is confused for "at will" a lot because the former has to do with making it illegal to have agreements between unions and employers that union membership be a condition of employment, and critics of the laws, in true detractor fashion, often refer to them as "right-to-fire" laws.

    126. Re:Their equipment, their choice. by azalin · · Score: 2, Informative

      Several companies pushed things a little to far in recent years and collected information in ways and amounts that would have made the StaSi (or any other secret police) proud. The new law would not not only put a limit to these (in several cases already illegal) practices, but also give the companies clear guidelines on what to do if they suspect theft or abuse.
      Lidl (a large discount chain) did especially well in the illegal data collection field if you need something to Google.

      If you do not trust your employees by default you are not worthy of loyalty.

    127. Re:Their equipment, their choice. by gnasher719 · · Score: 1

      Nowadays, certainly in the UK, performance is usually measured using easy to measure absolute things like how long do you sit in your chair every day, not by measuring actual results.

      In software development, any decent programmer can easily double his productivity according to any possible measurement without any actual change in productivity. The worst is companies taking lines of code to be an asset. It is not. Every line of code is a debt that you will be paying for in future maintenance cost.

    128. Re:Their equipment, their choice. by Deorus · · Score: 1

      > That would be like me saying I can't put a GPS on my car to keep tabs on where it goes when my son drives it.

      Even though the vehicle is your property, your adult son's privacy is not, so no, you can't legally keep tabs on them in the European Union.

      > If you're on facebook at work when you should be working, I think the employer has a right to know about it.

      No they don't. Their inability to monitor their workers' performance is not an excuse to walk over their privacy rights.

      > Also, no cameras? So they can't utilize technology, but they're still allowed to stand behind you and watch you work, right? The only difference between the two is the technology behind the first one.

      And the fact that recorded information can very easily be taken out of context.

    129. Re:Their equipment, their choice. by delinear · · Score: 2, Insightful

      This is about potential employers not using Facebook to prejudice a job interview (although how you enforce that is anyone's guess), that doesn't necessarily preclude your actual employer from looking - that might still be a valid HR use (if you claim you're ill but your FB page says you're out water skiing or something).

    130. Re:Their equipment, their choice. by gnasher719 · · Score: 2, Insightful

      What a law like this is, more than anything, is a recognition of the inherently unequal balance of power in a (potential) employer-employee relationship. Here in the US we tend to pretend that it's a mostly equal relationship and that all of this sort of thing is properly evaluated as part of the proffered salary. Some people really are studly enough that they can demand and receive anything they want from any employer they want, but the vast majority of the world isn't. In fact I'd be willing to bet the majority of workers simply feel lucky to have a job at all.

      I'd say the principal political mistake is to believe that the state owes companies anything at all. The only thing that should ever count are _people_. Companies obviously need enough protection so that they can work properly to produce jobs, income to employees, goods or services to customers, profit to stakeholders. But the state doesn't owe anything to the company _per se_. Only as far as protecting companies benefits the people.

      Someone was going on here how the fact that he pays people a salary gives him all kinds of right. If that is true, then obviously the employees by giving him their work must also have all kinds of rights. Like having the right to check and intervene when the boss extracts too many profits from the company for his lifestyle, endangering the wellbeing of the company and the jobs of his employees.

    131. Re:Their equipment, their choice. by nanoakron · · Score: 1

      What's wrong with just checking on their output.

      As in 'Is this person doing the job I pay him/her for'?

      Do you really feel you're entitled to see whether your top programmer is also a chronic alcoholic with a porn and crack habit?

      If he's getting the work done and bringing in the clients, why do you, as an employer, give a shit about the rest?

      Again this is a clear example of Europe's insistence on individual workers' rights vs. the US' corporatist approach.

    132. Re:Their equipment, their choice. by Anonymous Coward · · Score: 0

      Of course you can check if the person is doing the work they get paid to do. Prepare a list of tasks that you need done by the end of the week then check off how many of those tasks that person accomplishes. The only reason you need to know a person's every movement to assess their productivity is if you're particularly bad at determining how much one person should be able to accomplish in a week, I don't see that as a valid reason for intruding on my privacy. If my output is the same as everyone else but I actually work twice as hard/work through lunch etc specifically so I can finish up early and check my emails, what do you gain by removing my incentive to work hard? I'll just slow my pace to everyone else's and probably start looking for a new job. People aren't robots, if you remove the distractions that keep them sane and happy in their jobs, you won't get a direct correlative increase in productivity you'll just have a resentful and unhappy workforce and likely productivity will drop (trust me, I've worked at places where they did monitor everything, i.e. time codes for toilet breaks, and the morale there was through the floor). The only time this would really matter is if you had a lazy employee - restricting their access might force them to do slightly increase their output but it'll come at the cost of frustrating everyone else (and once again there are better ways to manage that employee, if you can't think of any that don't involve spying on everyone then maybe the issue is not the employee but you).

    133. Re:Their equipment, their choice. by DrgnDancer · · Score: 2, Insightful

      I'm thinking in that case you'd have a separate account for the business relevant use of FB which would be monitor-able. My personal account might be "John Smith", but at work I am "Customer Service - The Company" or "The-Comp - John Smith". Back when Instant Messaging was the big thing lots of companies did this. Probably better than using a personal account anyway, for lots of reasons. It clearly denotes the affiliation of the person someone is "talking" to, It provides segregation in the mind of the employee, and it helps prevent people wandering off with your client list when they quit and take their personal FB account with them.

      --
      I don't need a million points of light, just two points of multi-mode fiber and a 10 Gig-E router.
    134. Re:Their equipment, their choice. by delinear · · Score: 1

      That's all well and good when people can easily switch jobs, but a lot of people would struggle to just jump ship and find something else if they disagreed with the policy. The whole reason for this type of law is because the employer wields an unfair advantage in most cases. Without it too many people would be pressured into accepting the policy to either get a job, or to keep a job where the policy had changed since their employment. Also bear in mind that governments (should) enact laws based on the will of the people. If the will of the people is that there should be privacy in the workplace, it really doesn't matter what the company thinks - they have the same choice you're giving employees: accept the laws of the land or take your business elsewhere.

    135. Re:Their equipment, their choice. by JohnBailey · · Score: 1

      oO You wouldn't survive for 5 minutes in Europe...

      They frequently don't. Americans are so funny..

      --
      It is difficult to get a man to understand something when his job depends on not understanding it.
    136. Re:Their equipment, their choice. by DrgnDancer · · Score: 1

      You have surprisingly tolerant work place. At larger companies with strong IT security policies such things are often blocked. I'm not allowed to bring a personal machine in to work here. I recently got a small hand slap for having Dropbox on my work machine. I didn't get in *trouble* per se, but I was asked to uninstall it and not install anything similar in the future. They don't block SSH here (we have several users that have to connect to remote sites for business purposes and no one has gotten the motivation yet to set up white list access for only the "right" sites and users), but at other places I've worked it has been. Many companies are quite paranoid about company secrets or customer data getting out.

      --
      I don't need a million points of light, just two points of multi-mode fiber and a 10 Gig-E router.
    137. Re:Their equipment, their choice. by mdwh2 · · Score: 1

      That would be like me saying I can't put a GPS on my car to keep tabs on where it goes when my son drives it.

      What if you were running a hire car business, and kept a big database on every customer and where they drove to in the cars you hired out?

      I mean, there's an uproar on places like here about the possibility of Google doing similar things with search queries - I don't hear the "But it's their server" argument then. And rightly so - the issue of privacy rights is separate to who owns what.

    138. Re:Their equipment, their choice. by Nossie · · Score: 1

      To be honest it suits me as I study my geology degree in-between. 9/10 times it's internal employees I speak to anyway =D

    139. Re:Their equipment, their choice. by Zumbs · · Score: 1

      How scary, this is all true. Telcos have a duty to record and store all phone and internet traffic. Cameras are everywhere on the roads.

      Do the executives and share holders also have the right to listen in? I suspect that only government-sanctioned officals with warrents from the courts are allowed to access the data.

      --
      The truth may be out there, but lies are inside your head
    140. Re:Their equipment, their choice. by DrgnDancer · · Score: 2, Insightful

      The problem is you're still paying peanuts. So every time you civilize a monkey it thinks: "Hey, that other company pays in *bananas* and I now have the fecal avoidance mechanisms to qualify." Time to find a new monkey, and start the whole process over again.

      --
      I don't need a million points of light, just two points of multi-mode fiber and a 10 Gig-E router.
    141. Re:Their equipment, their choice. by Nossie · · Score: 1

      Interesting insight into Sony! 9/10 times it's internal employees we speak to - store support, customer relations, network faults, cell outages etc.

      Seriously there are some decent contact centres out there.. But for financial authority by regulation we can't use non sanctioned comms incase we give out account / bank info.

    142. Re:Their equipment, their choice. by Anonymous Coward · · Score: 0


      By your reasoning, every ISP has a right to read your e-mails/chat/... since you use their equipment

      Logic fail. I pay the ISP, the employer pays me.

    143. Re:Their equipment, their choice. by Anonymous Coward · · Score: 0

      You're missing the point. It doesn't matter what the employee is doing, unrelated to work, as long as the job gets done.

    144. Re:Their equipment, their choice. by dbet · · Score: 1

      Yep, and as the employer they are YOUR toilets, you have the right to install cameras... oh wait, you don't. Okay but they're YOUR phones and if you want to tap them and listen in... damn, that's illegal for you to do as well.

      Apparently the idea of privacy exists for other parts of the workplace, and we think that's okay. Why is it not appropriate when it comes to what's done on the computer?

    145. Re:Their equipment, their choice. by rastos1 · · Score: 1

      The only difference between the two is the technology behind the first one.

      But that is a major difference. The technology provides a scope that was not available before. The manager can stand behind my back and watch what I do. But he can't stand behind every employee all the time. The technology makes that possible.

    146. Re:Their equipment, their choice. by Anonymous Coward · · Score: 0

      People doing stuff like this and assuming they aren't being watched is a laugh. A programmer had a similar setup at my previous workplace and he thought his activities weren't being watched. Oh how wrong he was :). You'd be surprised what a good sysadmin can find. My report got said programmer fired since he was just doing the absolute bare minimum required and then slacking off the rest of the time. If your employer is paying you for 8 hours of work time, you should be working for 8 hours.

    147. Re:Their equipment, their choice. by wienerschnizzel · · Score: 1

      Wrong.

      You have an agreement between yourself and another party that sets the conditions. Your agreement with ISP is probably different than your agreement with your employer. If an ISP demands the right to monitor your email, you might want to consider a different ISP.

      Same goes for employers - I don't see why they couldn't demand monitoring how you use their equipment. I would not want to work for such an employer because I believe my relationship with him should be different than that but I also don't see a reason why they should be banned from making such an agreement with employees in a first-world country.

    148. Re:Their equipment, their choice. by Anonymous Coward · · Score: 0

      When you send the message that you have free time, employers see that as being unproductive. It's completely wrong headed to do so. Many tests have shown that productivity goes hand in hand with regular breaks, but you'll never convince a entrepreneur bully or corporate ladder-climber that workers are anything but the enemy. That's why you say it once, then stay quiet and let the goof chase ghosts.

    149. Re:Their equipment, their choice. by cjcela · · Score: 1

      The way to enforce that is to filter internet access, not to spy on the employees. People should be able to have a private life at work - they are your employees, not your own personal slaves.

    150. Re:Their equipment, their choice. by cjcela · · Score: 1

      I agree you should be allowed to check. But you should not be allowed to read an employee's personal email, under any circumstance. And expecting that people would not spend a single minute doing personal stuff at work is just stupid; it is not going to happen. Maybe the issue with American corporate culture is that too much of it is driven by metrics developed 80 years ago by control freaks. People are not machines. Work performance should be measure by timely completion of goals, not by how much time an employee uses for writing a personal email. Any good manager knows this by heart.

    151. Re:Their equipment, their choice. by Kireas · · Score: 1

      It's a software company, but the machines aren't networked in any meaningful way. The company networks that we can access are essentially internet access and some limited file access. There's no real need for security, provided all computers connected treat each other like they would the internet - untrustworthy until told otherwise.

      Were it that I wanted to connect to the software deployment server, then yes, it'd be likely I'd need some more stringent checks on my hardware. But there's no need for such strict policies if you have separate networks as we do.

      --
      To much anime is bad for the brain...desu.

      Sorry. Couldn't help it.
    152. Re:Their equipment, their choice. by DwySteve · · Score: 1

      Now, back to the topic in question. So I own a company. I pay for the computer. I pay for the internet connection, electricity, desk, and even for the time you are there, supposed to be working. And I can't check on you ? Does that strike anyone else as utterly ridiculous ? Ok, I will accept (not agree) having to inform the employees the company will be monitoring. But not being able to check if the person is doing the work they get payed to do, is just stupid.

      Christ, if you don't trust your employees don't hire them! If they're not getting work done (you have deadlines right? You have deliverables right? You have SOMETHING to judge them on right?) fire them! Why is that so hard? Adults earn trust and get privileges, kids are spied on to make sure their behavior conforms to norms (and I would even argue taking it to an extreme is bad parenting). Why can't you just get over your trust issues, assume your employees are doing the job until you see otherwise, and handle the lack of delivery when it occurs rather than ALL THE TIME by relentlessly spying on them?

      Do you have the right to spy on your own equipment? Maybe. Is it worthwhile? Hardly. Counterproductive? Yes!

      --
      http://angryee.blogspot.com
    153. Re:Their equipment, their choice. by c_jonescc · · Score: 1

      Why can't you just check whether your employee is doing their work the old fashioned way?

      You know, by their results? If an employee is goofing off all day, they'll have nothing to show for the day. If they work, they will.

      You're buying a person's time, or a person's commitment to a project. You are not buying their maximum efficiency. If I can do all my routine tasks faster than most people, should I get paid less than most people, since I will be filling the downtime with things you monitor as not work?

      Clearly there are examples of jobs where there are always more tasks and more hours to fill. Just as there are jobs where there's going to be some downtime, and the more efficient or faster or more clever worker will have excess downtime. So long as you get the results you pay for, what do you care?

      --
      Getting diabetes AND salmonella would be a bad weekend.
    154. Re:Their equipment, their choice. by DwySteve · · Score: 1

      Fortunately, here in Germany you can't just fire someone like that, either. :)

      In my opinion that's a sword that cuts both ways. Obviously I don't want my job endangered by some manager with a beef. I'd love not to be fired arbitrarily in that situation. But in that case I'm the good guy. The other case is I'm the bad guy: I don't work well with others, I shirk responsibility and half-ass everything if I ever DO get around to working, I make the work environment terrible for everyone else because of missed promises, bad attitudes, excessive complaining and poor hygiene and I *STILL* can't get fired because of protections put into place! And note, I'm not talking about state protections entirely. Plenty of large corporations make it difficult to get fired just to cover their butts. Often these people are toxic, demoralizing and worthless people, but still collect a paycheck because a system (one that BUSINESSES put into place! Amazing!) exists to shield them from the consequences of their actions.

      I'd much prefer a world where when you have your job you can't be mistreated, if you lose your job, there are protections for you and your family, but where worthless people can be let go after repeated attempts to right their course.

      --
      http://angryee.blogspot.com
    155. Re:Their equipment, their choice. by stdarg · · Score: 1

      That's not a bad idea but it would be cumbersome and potentially have loopholes. If I own a large theme park and want to put cameras in the bathrooms, do I need to inform you about that before you enter the park at all? Or just right before you enter the bathroom, when you have no chance of holding it long enough to leave my property and drive somewhere else?

    156. Re:Their equipment, their choice. by pgmrdlm · · Score: 0, Flamebait
      Watch your unemployment go up Tom. Thank you for your asshole attitude. These companies just found another reason to outsource the work to third world nations.

      You thought you were the object of slavery in your competitive wage job because of rules? Guess what, your fucking attitude just made you the object of the unemployed

      --
      Anonymous comments are as pathetic as the anonymous "sources" that contaminate gutless journalism from the New York Time
    157. Re:Their equipment, their choice. by morcego · · Score: 1

      In several countries, the company is legally liable for anything illegal the employee does using company resources. So, lets say someone uses the company computer to hack a site, or to buy stuff using a stolen CC, or even sending threats by e-mail. Both that person and the company will be liable.

      I trust that is not the case in Germany, but don't you agree that by itself justify the company monitoring the usage of the company resources ? What you decided to call "spying" ?

      --
      morcego
    158. Re:Their equipment, their choice. by pgmrdlm · · Score: 1
      I am closing the plant and moving it to another country. I will lower the price on the goods, so that you can almost afford them on your unemployment.

      And that is EXACTLY what is going to happen in Germany. Plants are going to CLOSE and MOVE.

      --
      Anonymous comments are as pathetic as the anonymous "sources" that contaminate gutless journalism from the New York Time
    159. Re:Their equipment, their choice. by Myopic · · Score: 1

      you're sarcasm

      Ha!

    160. Re:Their equipment, their choice. by Myopic · · Score: 1

      No. Markets do not provide solutions to this kind of problem, and people who say they do are ideologues and fools.

      Still, I'd say no to the examples given by the OP, but yes to the monitoring of computers in workplaces. Even as I participate in this conversation while at work.

    161. Re:Their equipment, their choice. by sjames · · Score: 1

      A teacher will have SOME additional responsibility for a minor, but it falls well short of guardianship. In any event, that would be a minority of the workforce and better covered as exceptions to a general workplace law.

    162. Re:Their equipment, their choice. by morcego · · Score: 1

      What you're saying is that you are employing people you have to babysit. If you pay peanuts you get monkeys. Trying to solve your problem by firing one monkey and replace with another monkey is just idiotic. Try hiring decent people and offering them training, personal development and advancement opportunities. They'll be motivated to do good work 90% of the time. Trying to push that to 92% by spying will only put you right back at no one decent wanting to work for you and again you're stuck with monkeys and babies..

      You are obviously not a manager or company owner.

      Doesn't matter what the pay scale is. There are high payed people who will slack every chance they have, and do stupid stuff. There is low payed people who will do their best to shine.

      It is a personal thing, and has nothing to do with pay, education level or anything else. There is absolutely no way to predict it in a consistent fashion. (Yes, I own a business, so I speak from experience).

      --
      morcego
    163. Re:Their equipment, their choice. by nospam007 · · Score: 1

      We also don't know that netbooks or smartphones exist, that's what I use because my employer uses a whitelist.

    164. Re:Their equipment, their choice. by vlueboy · · Score: 1

      I see you are advocating for the fight against
      [X] cybercafe keylogger,
      [X] fitting room spy camera,
      [X] toilet voyeur cams.

      So... Think before you travel!
      Unfortunately the above crimes are too common outside the United States because there's little infrastructure to keep private businesses in check. Dirty owners installing spy tools get pretty far in Asia and Latin America by just saying you willingly used their computers and paid too little to warrant your security. If someone has some power, then the usual bribing is resorted to.

    165. Re:Their equipment, their choice. by Myopic · · Score: 1

      payed

      Ha, ha! That's funny.

      The rest of your post was fine.

    166. Re:Their equipment, their choice. by Myopic · · Score: 1

      your fired

      Bwa ha ha! Oh crap, that's hilarious. CLEARLY you are a successful business person with stellar grammar like that.

      Oh, I also disagree generally with your post, and find it phrased disrespectfully.

    167. Re:Their equipment, their choice. by cbraescu1 · · Score: 1

      It's a union-dominated government, nothing new or unexpected in such law.

      Basically in Germany: (1) a company can't check its employees how are they using company property (such as computers and Internet connection); (2) a company board should have representatives of the union (once the company employee count is above a very small number); (3) an employee can't be fired "at will" and the number of steps required to finally fire someone are long and complex, making the process of firing very stressful for the company.

      So no, such law is not about protecting privacy of the workers, it's about letting capitalist pigs know who's the master: the unionized masses, which control the government and demand bogus "rights" paid with OPM ("other people's money").

      --
      Catalin Braescu
      Ofaly.com
    168. Re:Their equipment, their choice. by Myopic · · Score: 1

      It's a dicey tradeoff, but the right to fire without cause is balanced with the right to quit without cause.

    169. Re:Their equipment, their choice. by morcego · · Score: 1

      So why are you paying for the internet connection if you don't want them to use it? Just so you can spy on them like a little perv? There's no law stating you need to provide them internet. You can simply disconnect it or, if they need certain sites/mail to perform their job, allow those sites only. (This is all assuming you fail to set your trust issues aside. IMHO maintaining a good relationship with your staff gets you much more than any monitoring or blocking solution.)

      Ok, this is actually a good reply to my post, since you address issues directly. Thank you.

      The average turnover for people in my industry is 2 years. In my company (yeah, I own it), it is 5 years. I would say I have a good relationship with my employees. Although I don't pay (salary) much higher than market average, I pay twice what the other companies pay for overtime. I'm not nice. I want them to be available for overtime, and their like it (some people more than double their salaries that way). I find it a fair exchange, and so do they. We take care of them, up to a point where I had my wife once going to the pharmacy to buy medicine for an employee's wife who was sick, and taking it to his home. We had people refuse other job who actually payed more than I do, because they like working here.

      Before they sign their contract, they are informed all activities can be monitored. Internet use. E-mail, even their desktop can be monitored. They need internet for their work. They also deal with extremely confidential and sensitive data from other companies (clients). On top of that, local law states that the company and its owners are legally liable for anything illegal the employee does with the company computers. There is no such thing as "expectation of privacy". It gets shot down before their sign their contracts. They know it, and they know the reasons for it.

      So they have some slack time. I expect them to be improving themselves during that time. I'm fine with them accessing Slashdot, or even some alternative meditation site. I'm not ok with them spend that time browsing porn, or chatting mindlessly with brain-damaged people on Facebook. If they do, and their unwise activity is something that didn't damage the company, I will talk to them. After that, they will improve, and not do that again.

      All in the open. No "stealthy" things they were unaware.

      My employees make some nice money, they are happy, want to continue working for me, even with all the monitoring I do.

      What is the problem, exactly ?

      --
      morcego
    170. Re:Their equipment, their choice. by Myopic · · Score: 1

      Sheesh. First of all, it's "toe the line". That's a common mistake, but still embarrassing for you. Second and more important, it's HIPPIE, you damn hippie, not HIPPY.

    171. Re:Their equipment, their choice. by morcego · · Score: 1

      I read TFA in the original language, not the crappy translation. We are talking about things like cameras in the toilets here. Yes, you definitely can't check on me there.

      And, quite frankly, it says a lot about the control freaks in management that they need to have it spelt out in a law that what I do in my private life after hours is something we used to call "private". Yes, even if I post it on Facebook for all to see. It is private in the sense that as long as my work is according to contract, it is none of your fucking business. I sold myself to you for 8 hours a day, 5 days a week, if you want to have anything to do with the other 16 hours and the other 2 days, we need to renegotiate my contract including pay.

      That is a completely different deal. Sorry, I can't read the original article. And looks like the slashdot editor should be working for The Sun, which really shouldn't surprise me.

      Yes, I agree that kind of monitoring is abusive and should not exist.

      --
      morcego
    172. Re:Their equipment, their choice. by morcego · · Score: 1

      Agreed, and this is not at all what the law proposes; it just sets limits to what, where and how the employer can check. E.g. no video camera's on the toilets, only medical exams pertaining to strictly work related stuff, no reading of personal emails etc.

      Seems perfectly reasonable to me.

      As a last note: you can spy on your employees all you want but that'll never be a replacement for trust and mutual benefit

      Which is a completely different issue than the one posted by the moron slashdot editor. Yes, you are right, and I agree with you.

      --
      morcego
    173. Re:Their equipment, their choice. by cbraescu1 · · Score: 1

      First of all the "citizens" seem to be protected (and thus considered "citizens") only if they are employees. Strange. I thought the managers and the shareholders are also citizens...

      Second, I see many people saying the employees should instead be managed by reviewing their performance based on existing goals. If only Germany would allow that. You see, those "citizens" (translation: slacky employees) know that they can't be fired (unless eating babies alive, or some other gruesome act). Since they can't be fired, they don't work. Since it's all "computer work", the management can't simply declare them slackers, because it will lack proper cause = no proof. The goals are per month, and simply not achieving them repeatedly is not a good enough cause for firing.

      So the only way to get rid of slackers is to document their crap. But this law took care of making such documenting impossible.

      So please Mr. German, spare me your totalitarian idea that some category is the "citizen" while the others are "non-citizens" (or shall I say... "sub-citizens"??? as in "sub-humans").

      --
      Catalin Braescu
      Ofaly.com
    174. Re:Their equipment, their choice. by morcego · · Score: 1

      If your employees are so highly motivated that you need to watch over their shoulders to check they do their job, you've got a whole other set of problems that no surveillance in the world will solve for you.

      All it takes is 1 employee. Even if 99.99% of them are highly motivated and don't need monitoring, all it takes is 1 to leak some sensitive data that a client entrusted my company with to make all the other employees had their jobs put at risk (not to mention the company itself).

      --
      morcego
    175. Re:Their equipment, their choice. by morcego · · Score: 1

      Oh, I'm fine with them relaxing during downtime.

      I'm not fine with them harassing other people on facebook during that downtime, specially because, if they do that with the company computer, I'M LEGALLY LIABLE for it.

      Let them go grab a deck of cards and go play by the water cooler.

      --
      morcego
    176. Re:Their equipment, their choice. by painandgreed · · Score: 1

      Also, no cameras? So they can't utilize technology, but they're still allowed to stand behind you and watch you work, right? The only difference between the two is the technology behind the first one.

      And if you were my manager and constantly behind me all the time watching for no reason, that would be an issue I could take to HR. Not only is it simply bad management, but harassment. Typically, if I'm not up to the job and require special observation, I need to be told why and be given goals to reach to be taken off such, otherwise it opens up the corporation to other issues. In Germany, if my wife's cousin is to be believed, the companies actually care about their workers and have company run unions that actually do look out for them. In the US, bad management is what leads to unions. Managers and companies who think they can do whatever they want because they are the employers and treat their workers like slaves.

    177. Re:Their equipment, their choice. by morcego · · Score: 1

      Do you have the right to spy on your own equipment? Maybe. Is it worthwhile? Hardly. Counterproductive? Yes!

      Considering I'm legally liable for anything done with my own equipment, I would say it is definitively worthwhile monitoring them.

      --
      morcego
    178. Re:Their equipment, their choice. by morcego · · Score: 1

      Not only inform, you have to ASK for their free consent, and if they REFUSE you can't condition them!

      Nope. I INFORM them BEFORE they get hired. If they are not fine with it, they can simply refuse working for me.

      I don't change policies AFTER they get hired. In that case you would be right, I would have to ASK.

      --
      morcego
    179. Re:Their equipment, their choice. by DrgnDancer · · Score: 1

      I wasn't saying that your company did anything wrong, just that many companies do things differently. I can totally see a company providing little except a backend server for admin functions and an Internet/network connection. There would be many advantages, cost not least, and assuming you trust your users, few disadvantages. I've worked for small tech companies where that was essentially what we had. Most larger companies, either out of a need for more organization, a desire for more control, or pure paranoia, don't go that way though. Which means that most of us (who work for those companies) don't really have an option to protect our own privacy like you do. Similarly, unless you stay with your current company forever, or get really lucky in the job lottery, you will likely not always have that option either.

      It's times like that in which a law like this would be nice. Not that I think my company has really infringed on my privacy, or that I really do anything wrong... just that it's nice to know that if you do get a lunatic boss who wants to read your personal e-mail there's some sort of protection.

      --
      I don't need a million points of light, just two points of multi-mode fiber and a 10 Gig-E router.
    180. Re:Their equipment, their choice. by bickerdyke · · Score: 1

      yes... of course.

      But it stems from the "tradition" of leaving home and becoming an apprentice while you were still young enough to need full guardianship.

      Situation became better over the last 700 years.

      --
      bickerdyke
    181. Re:Their equipment, their choice. by Anonymous Coward · · Score: 0

      By your logic, if a business owner owns the building and the restrooms of that building, the business owner should have the right to check on any employee using the restrooms on company time.

    182. Re:Their equipment, their choice. by Tom · · Score: 1

      Just to add insult to injury: Almost everything in that law already is illegal. It's a typical "quick, someone do something" law.

      --
      Assorted stuff I do sometimes: Lemuria.org
    183. Re:Their equipment, their choice. by Tom · · Score: 1

      Oh please, they've been saying that for 20 years now. Surprise, there are still plants around, despite all the strawmen of outsourcing.

      Outsourcing is not the main contributing factor of unemployment. That's a lie, plain and simple.

      --
      Assorted stuff I do sometimes: Lemuria.org
    184. Re:Their equipment, their choice. by mikael_j · · Score: 1

      And that's exactly what business owners are saying all over the world every time workers point out that they have rights. What's next? moving the production to outer space?

      Thanks for trolling, have a nice day.

      --
      Greylisting is to SMTP as NAT is to IPv4
    185. Re:Their equipment, their choice. by Tom · · Score: 3, Insightful

      First of all the "citizens" seem to be protected (and thus considered "citizens") only if they are employees. Strange. I thought the managers and the shareholders are also citizens...

      Laws always protect the weaker party of a contract. The stronger one doesn't need protection. Aside from that, yes, these laws are considered employee protection laws. There are other laws that protect shareholders, for example, from their threats. Which are different. Those laws are about things like fraud, insider trading, etc.

      If only Germany would allow that. You see, those "citizens" (translation: slacky employees) know that they can't be fired (unless eating babies alive, or some other gruesome act). Since they can't be fired, they don't work.

      Maybe you should try talking about things you know something about.

      First, you can review performance, set goals, measure them, and all that. You just can't do it arbitrarily at will, there are some regulations you have to follow. The most important is that companies in Germany elect a workers council, democratically elected representatives of the employees (you do like democracy, don't you?) which have a right to have a say in such matters.
      Second, of course you can fire. You just can't do it without reason, again there are laws regulating under what conditions you can fire someone.
      Three, just like pretty much everywhere else in the world, it is idiotic to make one blanket statement about the whole country. There are certainly companies where your words are pretty much true, and there are others where employees would die laughing if they read them.

      So please Mr. German, spare me your totalitarian idea that some category is the "citizen" while the others are "non-citizens" (or shall I say... "sub-citizens"??? as in "sub-humans").

      Pfft. What a stupid strawman.

      --
      Assorted stuff I do sometimes: Lemuria.org
    186. Re:Their equipment, their choice. by Kyusaku+Natsume · · Score: 1

      Looks like good management practices are getting lost in many places in the western world. Employees are not 8-12 h slaves.

      --
      Mexico: 100% conservative's America now!
    187. Re:Their equipment, their choice. by gnasher719 · · Score: 1

      Nope. I INFORM them BEFORE they get hired. If they are not fine with it, they can simply refuse working for me.

      That's a nice thing in Germany; if the employer asks you to agree to something to get a job that by law they are not allowed to ask you to agree to (like giving up your right to privacy), you can freely agree to it, get the job, and if the employer wants to hold you to it, you tell them ..., sorry you politely tell them that these terms were illegal and therefore cannot be enforced.

    188. Re:Their equipment, their choice. by fbjon · · Score: 1

      And what's wrong with that? It's not a service provided for the benefit of HR, nor do facebook users use it with that expectation, generally.

      --
      True confidence comes not from realising you are as good as your peers, but that your peers are as bad as you are.
    189. Re:Their equipment, their choice. by mandelbr0t · · Score: 1

      So they can't utilize technology, but they're still allowed to stand behind you and watch you work, right? The only difference between the two is the technology behind the first one.

      The difference between a camera and your boss is that a camera has nothing better to do than watch you all day long (and record its results). Presumably your boss is your boss because he has more important things to do. If you work for an organization that can afford to employ an internal employee surveillance force, perhaps you should look for one that spends that same money on better salaries and benefits.

      --
      "Please describe the scientific nature of the 'whammy'" - Agent Scully
    190. Re:Their equipment, their choice. by Lord+Ender · · Score: 1

      That would be like me saying I can't put a GPS on my car to keep tabs on where it goes when my son drives it.

      No, it would be like saying you can't put a camera on your toilet to keep tabs on your daughter when she goes to the bathroom.

      --
      A slashdotter who didn't build his own computer is like a Jedi who didn't build his own lightsaber.
    191. Re:Their equipment, their choice. by Anonymous Coward · · Score: 0

      It's not your road.

    192. Re:Their equipment, their choice. by gnasher719 · · Score: 1

      In several countries, the company is legally liable for anything illegal the employee does using company resources.

      In Germany, the company is legally liable for anything that an employee does that can be viewed as doing their work, including doing it badly, including doing it criminally badly. So if I send a death threat to a customer who complained too often, the company is liable (clearly my job is too keep customers from complaining, we just usually use different methods :-), but the fact that I use company equipment does not by itself make them liable.

    193. Re:Their equipment, their choice. by Tom · · Score: 2, Insightful

      Watch your unemployment go up Tom. Thank you for your asshole attitude. These companies just found another reason to outsource the work to third world nations.

      Bullshit. They've been selling us that strawman for 10 years now, all the while using it to eliminate employee rights, lower wages and generally destroy the "social" part of our social market economy.

      If they were right, those steps should have produced some positive results. They haven't. Oh, wait, corporate profits have gone through the roof.

      Now, if we could cut the stupid ad hominem attacks out, it would help. I've never been unemployed in my life except when I choose to (had some money to burn after the dot-com era, for example). But I've worked closely with HR for years, including many 1:1 talks with the head of HR of a medium sized company (~2000 employees). I think I have a much better picture about what makes a company fire people or outsource work than the evening news portray.

      --
      Assorted stuff I do sometimes: Lemuria.org
    194. Re:Their equipment, their choice. by Tom · · Score: 1

      Of course it cuts both ways. Gun laws give the righteous a weapon so they can defend themselves. They also put guns into the hands of small-time criminals, who wouldn't have one otherwise (let's not talk about the serious criminals, they always have guns no matter how illegal you make them).

      In the real world, things level out. For example, there's a famous case of just such a bad guy in my home town, many many years ago. He couldn't get fired because being an asshole isn't illegal, but when it was brought to court, the judge did understand the problem and ruled that while he couldn't be fired, he could be placed in a different position, and even ordered which one. It was one where the roles were reversed - the guy was a chauvinist and was constantly harrassing women around him. He was put in the only part of the company where he was the only guy. The gals had their revenge, and as the story goes, he quit on himself two months later.

      Which goes to say that there are the words of the law in the books, and there is the spirit of the law as realized. Courts - at least here - are pretty good at spotting those who try to exploit the words of the law to their benefit while murdering the spirit. And they don't stand for that kind of crap.

      --
      Assorted stuff I do sometimes: Lemuria.org
    195. Re:Their equipment, their choice. by Tom · · Score: 1

      No sir. You, simply believe in rights and rights and rights . We believe in truths.

      You conveniently ignore which truths you believe in. Let me help you:
      We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights,

      Looks like truths and rights aren't the opposites you try to make them. ;-)

      --
      Assorted stuff I do sometimes: Lemuria.org
    196. Re:Their equipment, their choice. by mhajicek · · Score: 1

      You say they should be able to monitor my computer via cameras, or software on the off-chance I need to use the company network for files?

      Your employer has the right to stand behind you watching everything you do over your shoulder. What difference does it make if they use cameras instead of eyeballs?

    197. Re:Their equipment, their choice. by mhajicek · · Score: 1

      As long as I do my job its none of the company's damn business what else I might be doing.

      If you're at work, yes it is. They may not care that you surf Slashdot on paid time, but the have the right to care if they so choose.

    198. Re:Their equipment, their choice. by mhajicek · · Score: 1

      Technically yes. Also, if you come over to my house I have the right to watch everything you do there. If you don't like it you can leave.

    199. Re:Their equipment, their choice. by mhajicek · · Score: 1

      By your reasoning, every ISP has a right to read your e-mails/chat/... since you use their equipment.

      If I'm using their equipment, yes they do. If I want private communication I need to use my own equipment and not do it at work.

    200. Re:Their equipment, their choice. by mhajicek · · Score: 1

      Damn, I didn't read well enough; I read "ISP" as "employer". You do make a good point about ISPs, so now I'm torn. I do feel that if you're using my cable I have the right to know what's going through it. On the other hand there needs to be a channel for private communication.

    201. Re:Their equipment, their choice. by mhajicek · · Score: 1

      Perhaps their job is to watch the meters on the reactor to make sure everything is functioning as it should. So they decide to surf the net all day for three years, but the reactor hasn't blown so they must have been doing their job, right? Perhaps the employer decides that since it's such a boring job it's okay to spend 50% of the time on the net doing whatever you want, but you still need to stop and check all the meters the rest of the time. How is the employer going to make sure you're doing your job?

    202. Re:Their equipment, their choice. by mhajicek · · Score: 1

      I'll toss in a little data here. I work as an independent contractor, but do most of my work for one company. There are cameras in most rooms, which are used to track employee errors and rule violations. Much of this is a safety and liability issue; without the cameras people would be eating and drinking while working with solvents and acids. With the cameras, when an unsafe condition is found (open, unlabeled container of liquid perched on the edge of a workbench for example) the responsible party can be identified and corrected. If the cameras were not allowed, more people would need to be hired simply to walk around and monitor everyone.

    203. Re:Their equipment, their choice. by shaitand · · Score: 1

      Then they can implement a policy against slashdot at work. Until they do, no, its none of their business. They are paying for my work output of a predetermined type during certain hours. They are not paying for me.

    204. Re:Their equipment, their choice. by shaitand · · Score: 1

      "If your employer is paying you for 8 hours of work time, you should be working for 8 hours."

      That's ridiculous. Studies have consistently shown that requiring people to work continuously during their 'work time' results in LESS output of lower quality.

      If the bare minimum isn't enough they should raise the minimum. The 'bare minimum' can also be phrased as 'everything we are asking of you'.

      How many pieces of flare do you require?

    205. Re:Their equipment, their choice. by shaitand · · Score: 1

      P.S. I work in IT security. I'd take my chances with your sysadmin. He bought his bag of tricks from me and calls me when he can't figure out how to make it work.

    206. Re:Their equipment, their choice. by pgmrdlm · · Score: 0, Flamebait

      times are changing asshole. Say goodbye to jobs because you don't respect company property.

      --
      Anonymous comments are as pathetic as the anonymous "sources" that contaminate gutless journalism from the New York Time
    207. Re:Their equipment, their choice. by shaitand · · Score: 1

      Put an annoying ass buzzer by the meter, which is across the room from the pc. To turn off the buzzer you have to type in a code. OR have him record the meter reading periodically in a log.

      For your oddball scenerio there are a thousand where this doesn't apply. Why should the other thousand suffer for your fringe case?

    208. Re:Their equipment, their choice. by cbraescu1 · · Score: 0, Flamebait

      The most important is that companies in Germany elect a workers council, democratically elected representatives of the employees (you do like democracy, don't you?) which have a right to have a say in such matters.

      This sounds exactly like corporatism, the economic side of the fascism. "Democracy" inside a company, on other people's money? You must be brainwashed...

      First, you can review performance, set goals, measure them, and all that.

      You can't review performance if (1) the reviewee can't be fired and (2) the state is banning proper documenting of their work. How do you review a slacked who knows he can't be fired and his job is 100% computer-based, when you're not allowed to monitor computer and Internet usage?

      Second, of course you can fire. You just can't do it without reason

      Funny how reasonable/unreasonable is not left to the firing person, or to the employment contract, but to a special work courthosue fully bending to the will of the unions.

      Three, just like pretty much everywhere else in the world, it is idiotic to make one blanket statement about the whole country. There are certainly companies where your words are pretty much true, and there are others where employees would die laughing if they read them.

      My words are "pretty true" when saying that I believe you are a brainwashed fascist, corporatist moron who's dividing his own people into "citizens" and "sub-citizens". Shame on you.

      --
      Catalin Braescu
      Ofaly.com
    209. Re:Their equipment, their choice. by mhajicek · · Score: 1

      They are paying for my work output of a predetermined type during certain hours. They are not paying for me.

      Depends on the job...

    210. Re:Their equipment, their choice. by mahadiga · · Score: 1

      Why not a fMRI scan on both Employee and Employer?

      --
      I'd like to buy homeland for our 10 million people. http://twitter.com/mahadiga
    211. Re:Their equipment, their choice. by shentino · · Score: 1

      A tenant has the right to quiet and peaceful enjoyment of his property, which includes basic privacy.

      Installing surveillance in tenant private areas would most likely constitute a breach of the implied warranty of habitability.

    212. Re:Their equipment, their choice. by geminidomino · · Score: 1

      Oh, I wasn't bashing "at-will" employment, although I do admit to some trouble envisioning a system not allowing "quitting without cause".

    213. Re:Their equipment, their choice. by Anonymous Coward · · Score: 0

      The only asshole around here is you. If you speak the same way at work, then you're the one who isn't going to have a job soon.

      By the way everyone, this joker's "business" is selling services for rip-off prices (note the amateur page design and the grammatical mistakes) that any good host would provide a much better value on.

    214. Re:Their equipment, their choice. by dave87656 · · Score: 1

      lets put a tracker on your car and watch when you go over the speed limit by a fraction

      That's not what the poster said. A better analogy would be to put GPS on a company car you use for work. If you are doing company business why shouldn't they know what you are doing? If you have personal use of the car as well (as a benefit) then a GPS should not be allowed, IMHO.

    215. Re:Their equipment, their choice. by Kireas · · Score: 1

      Because cameras record, eyeballs simply memorize, as well as using up additional time. The fact is, my boss is welcome to stand directly behind me - aside from the fact he doesn't speak the same language that I do - that's a use of his time which he simply won't do.

      A human cannot record all of my personal e-mails, or watch the types of traffic my computer issues to a network. Technology can. There's your difference.

      --
      To much anime is bad for the brain...desu.

      Sorry. Couldn't help it.
    216. Re:Their equipment, their choice. by Tom · · Score: 1

      This sounds exactly like corporatism, the economic side of the fascism. "Democracy" inside a company, on other people's money? You must be brainwashed...

      I've had five years of hands-on experience with this system, you've apparently just heard about it. Here, read a little about it before you make up your mind. It's not a perfect solution, but in many places it helps a lot by having smaller, smarter solutions than a nation-wide law or regulation would provide.

      You can't review performance if (1) the reviewee can't be fired and (2) the state is banning proper documenting of their work. How do you review a slacked who knows he can't be fired and his job is 100% computer-based, when you're not allowed to monitor computer and Internet usage?

      I was apparently not clear. I will say it again: You can monitor and review performance. Don't tell me you can't, I was personally involved in negotiations about performance monitoring and review.

      Funny how reasonable/unreasonable is not left to the firing person, or to the employment contract, but to a special work courthosue fully bending to the will of the unions.

      Nonsense. I have personally been to those courts. Which, as all courts, are the last resort. You don't have to go to court to fire someone, in fact it is not even that common. However, you can not simply fire someone "just because", you have to have a reason. Again, I've had all this for years hands-on. I know what I'm talking about. I've seen a good share of people being fired, so excuse me if I find the claim that you can't fire someone completely ridiculous.

      My words are "pretty true" when saying that I believe you are a brainwashed fascist, corporatist moron who's dividing his own people into "citizens" and "sub-citizens". Shame on you.

      Actually, if you read through our exchange, you will find that you were the one introducing the concept of "sub-citizens" into it. I have just used that word for the first time.

      --
      Assorted stuff I do sometimes: Lemuria.org
    217. Re:Their equipment, their choice. by Buelldozer · · Score: 1

      I pay the ISP so the situation is reversed. I should be able to watch THEM.

    218. Re:Their equipment, their choice. by tjma2001 · · Score: 1

      no its not like saying that. You don't own your employees. In reality they are wage slaves but still sovereign being.

  3. woohoo! by wces423 · · Score: 2, Funny

    all the pron will be SFW, now!

    1. Re:woohoo! by iajanus · · Score: 1

      all the pron will be SFW, now!

      Ah, to live in your utopia...

  4. Um, yeah... by Lord+Kano · · Score: 4, Interesting

    Also, potential employers would not be allowed to view an applicant's profile at Facebook or any other social network that hasn't actually been made for this purpose.

    How would they go about enforcing this? Couldn't an employer argue that any content on a social networking profile that someone makes available to the public, was made for everyone to see? Failing that, how do you prove when an employer looks at a public profile?

    LK

    --
    "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    1. Re:Um, yeah... by BradleyUffner · · Score: 2, Funny

      Failing that, how do you prove when an employer looks at a public profile?

      Easy, just install a video camera to record what they visit.

    2. Re:Um, yeah... by SudoGhost · · Score: 5, Informative

      The poster did a bad job of translating the article into his own words. The companies cannot use the social networking sites, such as Facebook, when making a decision about who to hire, and cannot fire people over content on those sites. But even that has conditions.

    3. Re:Um, yeah... by Anonymous Coward · · Score: 0

      In other words, they are now let go with a "We don't need you [anymore]."

    4. Re:Um, yeah... by Anonymous Coward · · Score: 0

      How would they go about enforcing this? Couldn't an employer argue that any content on a social networking profile that someone makes available to the public, was made for everyone to see?

      No. Once the law was passed, they couldn't argue that, because the law specifically says that they are not allowed to consider the information on Facebook. (Well, I guess they could argue it, but it wouldn't do them much good :P) Just arguing "But it's public!" isn't enough when the law specifically says you can't use it.

    5. Re:Um, yeah... by Anonymous Coward · · Score: 0

      Actually--lots of ways. My home server is dead at the moment unfortunately. Over 15 years ago, I put a web bug in an email I sent to my father at work to demonstrate to him that there's way better things than read receipts. Had a CGI script on a server that is long gone (shell account + UUID type thing per image). 1x1 pixel--white on white. You know the drill with HTML mail clients.

      I was able to tell him when they read his email after they laid him off, and even what building they read it from from DNS records. They had the right of course... But when I could tell them that it was then forwarded to somewhere else...things get interesting.

      I've never tried to do the same thing with facebook--but I'm pretty sure I could get an 'interesting' image in my profile that when clicked on would take people outside to a personal website... I'd get the referer tag from facebook, the DNS record and the RDNS. If they weren't using a proxy, and there was a law against it (if I lived in Deutschland)--you better believe I'd have a utility to scan personal logs for it and be prepared to file suit.

      Looking at the profile...I probably couldn't prove. But the moment you click a link on it--you're mine.

    6. Re:Um, yeah... by Seth+Kriticos · · Score: 2, Informative

      In other words, they are now let go with a "We don't need you [anymore]."

      That's not how things work in Germany. There is an elaborate law framework that prevent that, so if the employer wants to get rid of you without reason, he'll have to wait at least 3 months. Otherwise he'll have to present a damn good reason to fire you (like severe work neglect, financial damage or some kind of criminal activity).

      Obviously there are gray areas and some folks try things, but the legal support for the workforce (there is a special court for work related issues, and you don't have to ramp up huge court fees) is very strong here, so it's not that common. You have to pay for your lawyer though, but the fees are also regulated, so you don't have to come up with ridiculous fees.

    7. Re:Um, yeah... by Anonymous Coward · · Score: 0

      German labour laws are more stringent than US ones. For example, they have a required minimum of 2 weeks notice of dismissal, ranging up to 7 months notice depending on how long you have worked there. None of this "at-will employment" BS that the US seems fond of.

      Also, "enforced redundancy" firings have additional stipulations. If you fire someone for that reason, then hire someone new, you're looking at trouble.

    8. Re:Um, yeah... by c0lo · · Score: 1

      In other words, they are now let go with a "We don't need you [anymore]."

      This exists with or without the right (or not) to spy the employees.

      Except if one invokes this, a normal workplace law would say: "If you don't need that person anymore, this is to be interpreted you don't need the position anymore. Thus you cannot hire anyone as a replacement" (if it is redundancy, then it must be treated as redundancy).

      --
      Questions raise, answers kill. Raise questions to stay alive.
    9. Re:Um, yeah... by Anonymous Coward · · Score: 0

      Basically it says that boss can't pull out the drunken party picture that your friend tagged and call it poor leadership qualities or some bs and get you fired.
      but, if he sees it and decides that every-other-word you say is offensive and your three minutes late, you can be.

    10. Re:Um, yeah... by Peeteriz · · Score: 1

      .. and if you call the firing a redundancy, then in case of disputes it's the employers duty to show that you were the worst of all the people with the same job position that was made redundant, and that it's not related to whistleblowing, exercising/demanding labor law rights or age/gender/racial discrimination; and in case if they lose, they owe you back pay for the full time when you were out of office.

    11. Re:Um, yeah... by neumayr · · Score: 1

      That is impossible to enforce. But it will make them at least try to hide the fact that they're rejecting you based on your profile, making them think a little more about what they're doing there. Can't be bad, except for the fundamental problem of trying to solve an essentially social problem by the means of legislation.

      --
      Truth arises more readily from error than from confusion. -Francis Bacon
    12. Re:Um, yeah... by Exitar · · Score: 1

      I understand the fire part ("Damn, I saw a picture of him drunk on FB but cannot use that to fire him!") but I don't understand how they can enforce that when hiring ("Hmm, I saw a picture of him drunk on FB so I don't want to hire him. I'll just say his CV isn't good enough").

    13. Re:Um, yeah... by kenh · · Score: 1

      WTF is that limitation? As an employee I can post on FaceBook all the items I've stolen from my previous employers, mock all my previous bosses, and run my own "Hot or Not" and "Yeah, I tapped that" websites and a potential employer can't use any of that in their hiring decisions?

      If passed, it will become a lot harder for young Germans to get hired - employers will be reluctant to take a chance on someone they don't personally know (especially when one considers how hard it is for a German company to fire a bad employee)...

      --
      Ken
    14. Re:Um, yeah... by Anonymous Coward · · Score: 0

      Indeed personally I would not be for such a ban. It is too extreme. What should be banned however is trying to friend the applicant on Facebook without disclosure to gain access to private data. If it is disclosed, the employee can choose whether to allow such access.

    15. Re:Um, yeah... by Anonymous Coward · · Score: 0

      As I have posted before on other sites, being not hired over posts criticising a previous employer is worse than being fired over a post criticising the current employer, and thus is a lot more important to fix. But I am not in favor of having it mandated by law.

  5. Can't Log Emails? by jesseck · · Score: 4, Insightful

    This seems absurd... all my mail servers log employees' email every day. Even worse, my spam filters read the entire message to make sure it is acceptable- before allowing delivery to the employee. These privacy measures may sound great on paper, but not all will work. If IT cannot log emails, how do we troubleshoot email delivery problems? Of course, I may be taking this to the next level, completely ignoring the actual wording of the proposed law.

    1. Re:Can't Log Emails? by shawb · · Score: 4, Funny
      From the article:

      Spy on emails and phone calls from: These rules include the conditions under which companies their employees such as telephone or e-mail traffic control should the telecoms. The access options are linked to this vast information and documentation requirements and vary by type of operation and the individual agreed use of technical equipment.

      That should clarify it for you.

      --
      I'll never make that mistake again, reading the experts' opinions. - Feynman
    2. Re:Can't Log Emails? by kuldan · · Score: 1

      Yeah, what you are doing would be illegal in Germany, even by current laws - as long as the contract allows private use of communication equipment (so phones, email..). If private use is allowed (it is in my company for example) you are breaking the law if you read (as in - filter by hand or electronic means, read the messages) mail for example or keep mails from reaching a user - this also applies to spam filtering. I am allowed to do spam filtering, I am just not allowed to dispose of mails that the filter deemed "spam".. the only thing I'm allowed to do is to mark them as spam (as in set the X-SPAM flag) and let the user decide to configure a local filter rule to move so-marked Mails to their respective spam folders. The same applies to follower regulations - I need a written permit from the user that I am allowed to read his mail or forward his address to another person after his departure/if he is on holidays, etc. Just doing it would be an invasion into his privacy and I would be held responsible by law. (For clarification, I'm head of IT over here)

  6. Ich bin ein Berliner by theodp · · Score: 1

    Per JFK, we're all covered. :-)

  7. IT Support by Anonymous Coward · · Score: 0

    Techie: "How did your workstation get infected with so many viruses?"

    User: "YOU HAVE NO RIGHT TO ASK ME THAT!!"

    1. Re:IT Support by martin-boundary · · Score: 1

      SPONTANEOUS EVOLUTION, MAN!

  8. Which tells a tale of lenient construction+lack of by D4C5CE · · Score: 2, Insightful
    ...enforcement (by understaffed Data Protection authorities which -a bit like the firemen of Fahrenheit 451- now even have to help "the other side" identity citizens who try to exercise their rights with respect to SWIFT snooping) if employers' intrusions of privacy (to that point that even surveillance cameras on the loo now need to be explicitly banned) in the jurisdiction that pretty much "invented" habeas data.

    Trouble is, by regulating lots of nitty-gritty details instead of a broad "Constitutional right"-style protection, one makes it even harder for the law to keep up with progress - while exposing the loopholes most clearly to those determined to use them with impunity.

    To quote Portalis, one of the masterminds behind the French Civil Code:

    Quoi que l'on fasse, les lois positives ne sauraient jamais entièrement remplacer l'usage de la raison naturelle dans les affaires de la vie. Les besoins d'une société sont si variés, la communication des hommes est si active, leurs intérêts sont si multipliés, et leurs rapports si étendus, qu'il est impossible au législateur de pourvoir à tout.

  9. When did Western society get so stupid? by judeancodersfront · · Score: 0, Troll

    If anything this law will just remind employers that they can use facebook to read about applicants. As if you can stop anyone from looking at facebook.

    What about where cameras are used to make sure employees are working? What about companies that have high rates of employee theft?

    I'm going to go ahead and assume these laws were written by baby boomers. That generation is obsessed with "sticking it to the man" to the point of total idiocy.

    1. Re:When did Western society get so stupid? by Forbman · · Score: 0, Flamebait

      ...as opposed to the corporate fascists in the US advocating the exact opposite (monitoring employee's off-hours lives via Facebook, etc), thin-skinned managers and corporate officers, etc doing likewise? Granted, there are industries where there are needs (having worked for quite awhile at a company that blocked web-based internet mail, such as Gmail), where it would be entirely possible to cut-and-paste a customer's (or a few million) PII into a message somewhere, and yet the company has a legal mandate, because of the industry (in my case, SEC and other financial regulations, but HIPPA is another), to at some level be able to monitor or reactively look for such violations through its servers.

      This isn't even with regards to protecting confidential corporate information or trade secrets.

    2. Re:When did Western society get so stupid? by moronoxyd · · Score: 1

      What about companies that have high rates of employee theft?

      The proposed law explicitly allows cameras for security reasons or when there is probable cause to assume an employee is commting theft or such like.

      The law is against general surveillance.

  10. Same way they keep teens from looking at porn by judeancodersfront · · Score: 1

    Warning: This profile is not to be looked at by lame employers!

    Click yes if you are totally cool and not one of those lame employers.

  11. Work related vs Private by JackieBrown · · Score: 2, Informative

    How do they determine what is a private email or call versus private?

    At my job (granted that is in the US,) if it is using company resources, then it is work related. I have to sign several papers agreeing to that when I am hired (and every year or so they make us sign it again.)

    1. Re:Work related vs Private by melmut · · Score: 3, Insightful

      I think there is some big cultural difference here between the US and Europe. I worked as a sysadmin for a few years. As far as I know, monitoring employees is completely illegal here (Belgium). You can't read emails or try to see which web sites have been visited by an employee. At most, you can make anonymous statistics, and I think you have to warn employees before. I don't think it would be legal to physically watch an employee all day, neither. Having employees sign some kind of agreement would be illegal, too. Saying that it's your computer so you can monitor them if you want has no legal value. It's your air, but you can't decide how much an employee can breathe ;-) I remember asking legal advice before signing my first contract. The conclusion was there was an illegal clause, which I could sign without any problem, as it was illegal and in fact had no value.

    2. Re:Work related vs Private by xnpu · · Score: 1

      At a number of companies I've seen that any phone number not in the company address book is considered private. The company address book would obviously not be private and reviewed occasionally.

    3. Re:Work related vs Private by Anonymous Coward · · Score: 0

      I sometimes browse the internet or read the paper when I'm stuck waiting for the slow as dirt computers at my workplace to process. I'm not sure if I should or should not consider that private. I mean, I'm still *doing* something work related, technically, I'm just also doing something non-work related since I can do both.

      Hell, if I worked at McDonalds and I can use one hand to flip burgers and the other hand is free, can I use said other hand to scratch my nuts or should I just let it flop around doing nothing?

    4. Re:Work related vs Private by JackieBrown · · Score: 1

      How do call centers work? Do they not monitor calls?

      What if you worked support via email or chat?

      I know plenty of people at my job who use their work email as their personal email. They also use their work phone as their day time phone. Is it legal in Belgium to monitor an email address or phone that is owned and assigned to you by your employer? If, as a customer, I tried to argue that an employee made me a promise, is their no record to back me up?

    5. Re:Work related vs Private by JackieBrown · · Score: 1

      Even more interesting, I would think that a law that works as you say would make browsing at work more private than browsing at home - unless the ISPs have similar laws in Belgium regarding not being allowed to keep anything but anonymous statistics.

    6. Re:Work related vs Private by melmut · · Score: 1

      Right, maybe it's even more private ;-) From my understanding, ISPs can do a lot for technical reason (network health, ...). It would be difficult for them to justify data rentation as a technical need. Here is the most comprehensive legal document I found on the subject (in french) : http://www.belgium.be/fr/emploi/contrats_de_travail/protection_de_la_vie_privee/controle_des_donnees_electroniques/index.jsp

    7. Re:Work related vs Private by PseudonymousBraveguy · · Score: 1

      In Germany, some companies allow private use of some company ressources (like email or phone). If you do not take additional measures, you have to assume any given phone call/mail/etc is private and are not allowed to log calls/mails/... at all. However, you can mandate that employees identify private use (e.g. I have to dial 123 for private calls and 0 for work related calls). If you are not allowing private use, you can assume that all use is work related.

    8. Re:Work related vs Private by Anonymous Coward · · Score: 0

      Yes, the US follows the doctrine that workers serve a company that serves some stock holders / investors / owners. The German workers, on the other hand, have quite a bit more influence over their government, though, and that - for many intents and purposes - puts them above companies in power. So guess what, they don't like to be milked for maximum performance in panopticon-like settings (or electronic surveillance, or "Blockwart" like rat-each-other-out situations), and this is the reaction.
       
      German workers may like to sell their work, but they are not slaves or prisoners. They'll do what's agreed upon in the contract and what a job demands, but employers need to let them have their privacy during breaks or intervals where they do something private -yes, even phone calls with family or whatever, if the situation really requires or allows for it. Sure, an employer is not expected to pay time or compromise on the amount of work agreed upon and paid, but they need to allow humans to be humans.

    9. Re:Work related vs Private by nedlohs · · Score: 1

      Different countries have different outlooks and rules.

      Some countries have a tradition and legal history of thinking that employers have power over employees and that changing jobs and so on isn't always possible/practical for people. So they have legal frameworks to try and reduce that power by placing restrictions on employers.

      Other countries have a tradition and legal history of thinking that employees have power over employers because they are free to change jobs whenever they feel like it. So they see no reason to restrict what employers do too much because the workers will just leave if the employer goes too far - and market forces will ensure there is another employer offering better conditions.

      The real great thing is, migration isn't too difficult if you are reasonably young and well educated and haven't got in legal trouble in the past. So you can choose which from the large spectrum of outlooks you prefer and live there. If you aren't so well educated or got arrested for smoking a joint once then hopefully you like the system you happened to be born into... Or if you live in North Korea or somewhere else that restrict emmigration, then just ignore everything you weren't allowed to read above.

  12. Employees'private lives, not employers'choice 24/7 by D4C5CE · · Score: 5, Informative

    no cameras? So they can't utilize technology, but they're still allowed to stand behind you and watch you work, right?

    No, after a series of scandals (that went far beyond keeping employees from stealing or surfing all day), just no cameras e.g. in change rooms or rest rooms, where they wouldn't be allowed to stand in front of you and watch you undress etc. "IRL" either.
    Also, no covert widespread phone surveillance or reading of private correspondence (if allowed on company premises/equipment in the first place) under the "excuse" that they'd need to find "moles" (celebrated as whistleblowers entitled to special protection in other jurisdictions).
    The Facebook prong is an entirely different thing altogether: HR (or private investigators on their part, probably even "pre-emptively") shouldn't be allowed to intrude social networking sites as "false friends" to harvest dirt on (would-be) employees (not that anyone in their right mind should let that pile up there anyway).

    The level of detail is not necessarily the wisest way to make law, though: http://yro.slashdot.org/comments.pl?sid=1762764&cid=33337514

  13. Summary fail by edjs · · Score: 2, Informative

    Just looking at the "ban employers from surveilling their employees by cameras or logging and reading their emails" sections of the translated article, it's clear that it mentions banning cameras in traditionally private places such as wash rooms, but allowing open surveillance in areas where it makes a business/safety sense to do so, and I think it says telephone/email monitoring will be allowed (and probably required) based on regulations covering the industry in question; I see nothing about banning.

  14. Reasonable Rights by andersh · · Score: 2, Insightful

    Your literal intepretation is unreasonable and silly.

    The whole point is to avoid unreasonable monitoring. If the primary purporse of a camera is to monitor employees actions it would illegal.

    However a camera installed to monitor the work place for safety reasons (such as a bank) would be perfectly legal.

    The purpose and coverage area would determine the legality, and remember the employer would not be the one to decide the legality (or if the supposed "purpose" is in fact in violation of the law).

    1. Re:Reasonable Rights by xtracto · · Score: 1

      Your literal intepretation is unreasonable and silly.

      Hey, don't forget it is Germany we are talking about here... where people take everything very literal (e.g., never say a German friend "we should come fishing to this lake" after walking past a lake because next week you may get them knocking at your door asking you to go fishing)

      --
      Ubuntu is an African word meaning 'I can't configure Debian'
    2. Re:Reasonable Rights by moronoxyd · · Score: 1

      Hey, don't forget it is Germany we are talking about here...

      Yes, and that's why the purposed law explicitly states that cameras are allowd for security reasons et al.
      (Not sure if the link above contains that bit of information, I used other sources.)

    3. Re:Reasonable Rights by DamonHD · · Score: 1

      Stereotypes are such fun, but only very occasionally accurate or respectful to the individual, Mexicano.

      Rgds

      Damon

      --
      http://m.earth.org.uk/
    4. Re:Reasonable Rights by PseudonymousBraveguy · · Score: 1

      While GP's conclusion (i.e. "Germans take everything literal") is debateable, the example is kind of right. If a coworker in Germany tells me to come and visit his house, it's meant as an actual invitation. If a frient tells me that we should go fishing, than it's an actual proposal. I've learned that it's different in the US, but here invitations are usually meant to be taken literally.

  15. Smarter Germans, Stupid Americans by Anonymous Coward · · Score: 0

    I just have to assume you have no clue how different Europe, Germany and the US are.

    You are the fool here, employers already know about Facebook, this law will not encourage its use in any way. You won't stop them from looking at Facebook, but you can't use it during an interview or the process.

    You can't ask a potential employee to login, and I hear places in the US that require you to!

    These laws are reasonable and give citizens (employees) better protection for modern problems in the workplace!

    If you need to monitor your employees with cameras something is very wrong. You either find other ways of monitoring them or you don't at all. Try hiring a manager or find better employees.

    Theft can be monitored in many different ways. Locks, checkpoints, RFID and physical security. You can monitor your goods, just not track every employees GPS signal in-house.

    The point is to not have a "1984 society" where all your actions are logged by the company. Toilet breaks and private calls should not be detailed in your work history!

    Quite frankly I think you're an idiot for any number of reasons. "Baby boomers" in the US are different lot to Germans in general. You wouldn't understand a European society regardless of what age the lawmakers were.
     

    1. Re:Smarter Germans, Stupid Americans by judeancodersfront · · Score: 1

      How do you know that this law will not encourage the use Facebook to research applicants? You don't know the minds of all employers.

      The problem is that the employer holds too many cards but that is the nature of his position. If the employer finds something that he doesn't like on your Facebook then there is no law that can stop him from hiring someone else. Where he browses is his private business. The solution is to not tie illicit information to your real name. Keep two Facebook accounts, don't use it, etc.

      As for Baby boomers they have common characteristics within Westerns societies and this has been written about extensively. There were plenty of German hippies and revolutionaries during the 60's and this group is now grown up and shares a lot of the beliefs of US boomers.

  16. Please, Login... by Anonymous Coward · · Score: 1, Interesting

    You realize companies in the US now ask you to login to Facebook during the interview?

    That would be illegal in Germany and for good reasons!

    1. Re:Please, Login... by Lord+Kano · · Score: 1

      If your privacy settings are correct, you can deny having a Facebook account when they ask.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
  17. You misread by aepervius · · Score: 2, Informative

    Firstly usually automated "logging" for the express purpose of administration and automated work of server is always allowed. The specific purpose of reading email log in attempting to read the content one is not the destination is not allowed, depending on the firm type & Betriebsvereinbarung (Firm agreement ?). That is way different than how you read it. And yes I read the german article and know a bit on the local laws. Whoever modded you insightful did neither.

    --
    C. Sagan : A demon haunted world:
    http://www.amazon.com/gp/product/0345409469/
    visit randi.org
  18. Employers should not be allowed at FB etc.. by aristotle-dude · · Score: 1

    If you want to prevent your employees from using facebook and similar sites, make it a firewall rule that redirects to a page clearly stating that it is blocked and be done with it. Also be sure to publish a clear acceptable use policy.

    However, it is a violation of the rights of privacy for a prospective employer or existing employer to check out the facebook sites of either current or prospective employees.

    --
    Jesus was a compassionate social conservative who called individuals to sin no more.
  19. fb by Anonymous Coward · · Score: 0

    it would only be illegal to look for information about an applicant if facebook is not a service meant to be used to find work.

    so find any facebook company pr that praises the service as a great way to find a job - and voila.

    now wait, let's have a look at http://www.facebook.com/press/info.php?factsheet

    "...communicating efficiently with ... coworkers". that's pretty close.

    quite a few other things discussed right now are actually illegal anyway. but hey, good to know that the administration seems to be doing something after all of these years. (scnr) .~.

  20. postscript to self by epine · · Score: 1

    I slightly exaggerated the feebleness of a presumption of privacy.

    In the relatively rare case where a corporation and an ex-employee end up in litigation, the advocate for the employee will now find it considerable easier to argue that copious employment surveillance records are inadmissible. In future, character assassination will be less thoroughly recorded in the annals of the German courts.

    (With two 'ass'es in the previous sentence, it's no wonder my Firefox spell checker failed to suggest 'annals' in place of 'anals'. I once posted a bug report on some egregious defects in the Firefox spell checker speculating unkindly whether the verb list was scraped off the bottom of someone's shoe. The evidence mounts.)

  21. Not Their Choice by andersh · · Score: 3, Interesting

    You might believe an employer should have those rights, however here in Europe we actually believe in protecting and putting our citizens above corporations.

    This is not the first example of Europeans placing more emphasis on citizens' rights than the US.

    It is fascinating how even the average American believes that corporations are entitled to treat their employees as [wage] slaves! It's as if you think employees sell their dignity when they take a job!

    In my country overtime is frowned upon, if you don't leave at the end of the day people will wonder why you haven't finished your tasks in time. Staying after hours is just seen as inefficient. So while we work fewer hours than the average American we're still more productive and efficient according to the OECD.

    I think you're all semi-brainwashed by decades of anti-communist, nationalist [capitalist] propaganda. I hope it wears off soon for your own sakes, the average American could use some decent jobs, rights and protections. Contrary to popular American beliefs the United States of America is not the best country in the world.

    1. Re:Not Their Choice by kwbauer · · Score: 4, Insightful

      What about an employer that is not a corporation like a sole proprietor? Is that employer not also a private citizen and would have the right to watch what someone is doing with his property?

      What if the employer is a family owned business? What if the employer is a small group of citizens? What, really, difference does it make how large or small the number of owners or number of employees?

      If a society believes in and fosters the concept of private property then it must respect the rights of the owners of property to control that property.

      So, in order to protect the rights of the employed citizens, we must trample on the rights of the employing citizens. It seems to be a fair trade to some. An unfair trade to others. And then there is the group that cannot even understand that the trade exists. That latter group needs to rethink their conceptions of the world.

    2. Re:Not Their Choice by CRCulver · · Score: 1

      It doesn't matter if the company is run by a single private individual. To do business you have to legally register the company, which makes it an impersonal organization with public responsibilities.

    3. Re:Not Their Choice by IrquiM · · Score: 1

      Contrary to popular American beliefs the United States of America is not the best country in the world.

      It is, if you're employer and like to exploit your employees.

      We've got an American at work in Europe, which I also had some dealings with when he was in our American office. Now that he's working in Europe, he's a totally different guy. The people that work for him actually likes him now, compared to when he was in US and all his people were afraid of him. It's like night and day! I think most Americans would benefit from working a couple of years in Europe.

      --
      This is blinging
    4. Re:Not Their Choice by dunkelfalke · · Score: 4, Insightful

      Employees are not property.

      --
      "It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
    5. Re:Not Their Choice by bugnuts · · Score: 1

      You might believe an employer should have those rights, however here in Europe we actually believe in protecting and putting our citizens above corporations.

      I don't think that's what he's saying. Consistent with the GP's title, it's the property of the company. That's the point.

      I would not work somewhere where I was not allowed to go to lunch in the cafeteria, or a place on the campus (where cellphones were allowed) and browse facebook on my laptop or phone. This is on my time and on my equipment. I would not submit my computer to scanning unless it could somehow compromise the company's network. I would never submit it to monitoring.

      The issue is that the company purchases equipment and bandwidth, and they have a right to determine appropriate use of that equipment before you use it and during your using it. Technical measures can be overbearing, and I have no problem with laws against overbearing technical measures, yet the fact remains that the equipment still belongs to the company.

      Why would a company supply equipment if they couldn't monitor that equipment? Should you be able to drive home a front-end loader to dig a hole in your garden, and the company be under penalty of law to look the other way?

      This will end up resulting in companies requiring employees to supply a laptop which they format and install software, then chain it to the desk (why should they supply hardware if they can't monitor it from misues?) It will result in more workplaces with extremely limited internet access, or access only through a kiosk.

    6. Re:Not Their Choice by Jedi+Alec · · Score: 5, Insightful

      So, in order to protect the rights of the employed citizens, we must trample on the rights of the employing citizens.

      Sorry, but if you think it is a *right* to read my e-mail or point a camera at me just because I happen to work for you...you've got bigger issues.

      --

      People replying to my sig annoy me. That's why I change it all the time.
    7. Re:Not Their Choice by houghi · · Score: 1

      It will result in more workplaces with extremely limited internet access, or access only through a kiosk.

      And the problem with that is ...? So you can't use the Internet for personal usage. I have no problem with that as long as the usage for business is not limited. e.g have a simple fast and good way to add sites to the whitelist.

      I could imagine having a simple website where you request a site to be added and these can then later be reviewed and either permanently added to the blacklist or to the whitelist. Access will be allowed immediately. So if a person is asking for porn sites all the time, there will be an issue and that person can be talked to.

      Also have public PCs available at certain places that have all the public access, so people who won't be able to go without reading their personal email for 8 hours will be able to do so.

      --
      Don't fight for your country, if your country does not fight for you.
    8. Re:Not Their Choice by shaitand · · Score: 4, Insightful

      How many actual sole props do you know of? In my experience even though there may be a sole owner that owner is usually taking advantage of some sort of artificial entity that provides him/her with liability protection and at that point we aren't talking about the owner but the entity and citizens are more important than paper entities. The right to privacy and human needs also trumps property rights since property is not required to live a happy life while privacy and other human needs are.

      "So, in order to protect the rights of the employed citizens, we must trample on the rights of the employing citizens."

      The reverse would also be true, in order to protect the rights of employing citizens we must trample on the rights of employed citizens. There are a lot more employed than employing which makes it an obvious choice.

      The primary reason for employing is to pay others less than the value of their output, sell that output for its true value, and garner the difference which we call a profit. This is done so that the employing can meet their own needs including their need for privacy. It is legal to exploit the employed in this fashion so that is not at issue. But guaranteeing the rights to the employed does not prevent the employing from performing this exploitation and garnering a profit and thus fulfilling their needs.

      Guaranteeing the property rights of the employing DOES infringe upon the needs of the employed.

      Case closed.

    9. Re:Not Their Choice by shaitand · · Score: 1

      By definition an employer is exploiting employees. Employers (or the people who own them) gather profit by paying employees less than value of their output and keeping the difference in order to enable someone else to enjoy a value greater than the value of their own output.

      The only ones who aren't either exploiting or being exploited are the self employed. Here in the US we actually punish these individuals with self employment tax.

    10. Re:Not Their Choice by mike2R · · Score: 1

      Skimming the translated article, it does seem to be talking about covert surveillance. I don't think anyone would disagree (well except on slashdot..) that some employers need to keep tabs on their employees, but it does seem reasonable that such things should be known to the employees in question.

      --
      This sig all sigs devours
    11. Re:Not Their Choice by 91degrees · · Score: 1

      What about an employer that is not a corporation like a sole proprietor? Is that employer not also a private citizen and would have the right to watch what someone is doing with his property?

      He owns the company. He is not the company. If he's providing equipmnt for use by his employess then it's company property and he can't. He doesn't have to allow his employees to use his personal equipment at all. He could quite legally not provide an internet connection. He could even not have any employees or even a business at all, and therefore put whatever restrictions he likes on the equipment. Once he decides that he's running a company then he has to abide by certain laws.

    12. Re:Not Their Choice by Anonymous Coward · · Score: 1, Insightful

      We were the best, once.

      Unfortunately, you're right. We've taken the capitalism thing [i]way[/i] too far, and in the process forgotten why we broke from England in the first place. I see even libertarians falling victim to the common "government evil, corporations good!" groupthink. News flash: the corporations ARE the government now! They took over while we weren't looking, and now press their agenda with increasingly bogus laws that advance their own interests, not those of the people.

    13. Re:Not Their Choice by Anonymous Coward · · Score: 0

      The employer also takes the financial risk of not being able to find work to do (I'm assuming European rules here, i.e. no firing without notice). Since individuals are in general more risk-averse than companies, and there is a real financial value to reduced risk, the figure is not quite as one-sided as you paint it.

    14. Re:Not Their Choice by fnj · · Score: 1

      Parent is more insightful than all the yapping brainwashed comments put together. I don't know if the U.S. was ever the best, but I do know it is now the worst. There is no difference between corporations and the evil gangs shown in Slumdog Millionaire taking advantage of small children and treating them worse than animals. Both exist for their own selfish, dog-eat-dog benefit without any regard whatsoever for the people who do the actual productive work. We have a government completely bought and paid for by these arrogant monsters. And the serfs cannot even imagine a life of freedom any more. There is nothing sadder than to see a serf embrace his serfdom and see it as natural.

    15. Re:Not Their Choice by cbraescu1 · · Score: 1

      here in Europe we actually believe in protecting and putting our citizens above corporations

      I am an European myself and I can call bullshit.

      That's a nazi concept: that only employees are citizens. What about managers? What about shareholders? They are just as entitled to "citizenship" as the employees (and sometimes these groups are not entirely separated: someone can be self-employed; some employees can also be sharehoders; some managers can have a 2nd job as employees).

      Unfortunately the *union* people really do think the way you express it, and unfortunately there are some union-owned governments: Germany, Denmark, Sweden, etc.

      --
      Catalin Braescu
      Ofaly.com
    16. Re:Not Their Choice by autophile · · Score: 1

      It's possible that the difference in culture is due to America having been settled by religious outcasts. Outcasts who believed that work was the way to God. This is likely why we Americans tend to think of the poor and homeless as having done something wrong: after all, if one were a proper, hard-working, God-fearing person, then one would be rewarded in this life and the life to come. Ergo, they are to be shunned. This may also explain why we Americans seem to value corporations above humans: corporations keep humans working as is proper for God-fearing people, lest they slack off and sin. I'm not condoning it, I'm just saying there's a history here. America, Inc. is not just a random culture that sprung up after World War II.

      --
      Towards the Singularity.
    17. Re:Not Their Choice by Shoe+Puppet · · Score: 1

      Germany? We have a coalition of conservatives and neo-liberals, neither are even remotely "union-owned" in any way.

      --
      (+1, Disagree)
    18. Re:Not Their Choice by shaitand · · Score: 1

      That isn't true. The employees may not see the risks directly and suffer the worry that comes with them but if the company fails to find work to do that company goes under the employees go hungry (in fact they are usually the last paid).

      The best you could say is that the company is larger therefore offers a buffer against short term risk but this doesn't require an exploitative employer/employee model. A successful individual or a group of individuals in a partnership without underlings offers the same kind of risk buffer without a cat licking off the cream.

  22. What about defense agencies and contractors? by Garble+Snarky · · Score: 1

    Defense agencies and contractors in the US monitor all employee computer use, and I don't expect that to change here any time soon - and I don't really have a problem with it. Is this law going to apply to the German government as well?

    1. Re:What about defense agencies and contractors? by Anonymous Coward · · Score: 0

      As a corporation, you can forbid any private use of company resources. Then it is also allowed to monitor and enforce it. Additionally, you are always allowed to monitor your employees if there is a good reason for it ("good reason" meaning you are reasonably sure that a court will see it as appropriate). Contrary to what the summary tries to tell you, employers are still very much allowed to monitor their employees. They just need a good reason for it and they need to clearly communicate to their employees what is being monitored. If they allow private use of company resources, they may not monitor the private use,

  23. How Do Europeans Do It? by Doc+Ruby · · Score: 5, Interesting

    The stories about privacy protections always seem to favor personal privacy in Europe, but to favor privacy invasion in the US. How do Europeans get better protection? European government looks a lot more bureaucratic and controlled access than even the US, which I would think would favor industry which has the time and money to ensure privacy can be abused for power and profit. Maybe it's because the protections begin at the state level, which is more accessible than the EU as a whole, while in the US state privacy protections aren't as powerful as Federal protections for invading them, or just a vacuum of protections at the Federal level. Or maybe EU privacy orgs are just more effective, perhaps better funded, than the US ones like EFF. Or maybe we just get the news of only privacy protection from EU, not privacy abuse, while in the US we get the abuse news so we're conditioned to accept it.

    How do Europeans do it? I'm jealous.

    --

    --
    make install -not war

    1. Re:How Do Europeans Do It? by Anonymous Coward · · Score: 0

      If the USA did it remaining corporations would jump ship to less proactive countries. EU doesn't have that problem because they already have.

    2. Re:How Do Europeans Do It? by nawitus · · Score: 2, Insightful

      Because Europeans tend to place the interest of the people ahead of corporate power.

    3. Re:How Do Europeans Do It? by Anonymous Coward · · Score: 0

      European governments are slightly less of a tool for big corporations than the US government is.

    4. Re:How Do Europeans Do It? by hmmm · · Score: 3, Insightful

      Businesses in Europe haven't cottoned on to creating a Fox News equivalent, which would accuse politicians of being "liberal muslims!!!" every time they bring in new regulation for business.

    5. Re:How Do Europeans Do It? by sjames · · Score: 1

      It probably comes from being a generally less mercenary culture. With the general recognition that it's a large society and everyone needs to get along as part of it, there is the recognition that employers must respect that as well.

    6. Re:How Do Europeans Do It? by Anonymous Coward · · Score: 0

      Most European politicians aren't wholly-owned subsidiaries of multinational corporations. They don't need to spend tens or even hundreds of millions of dollars per election cycle, and the population doesn't automatically consider anyone failing to toe the plutocratic line to be a communist.

    7. Re:How Do Europeans Do It? by Hozza · · Score: 1

      Well, in the case of Germany, first you allow a fascist party to rule for a few years, and then allow a communist puppet state to rule part of the country for 40 odd years after that. With that experience its very easy to convince people that personal privacy is an important issue.

      If anything, these new laws are aimed directly at the later group. Just having been a member of the Stasi (east German secret police) was not a crime after reunification, and many of them later became private "security consultants". There's been a few high profile cases of them using their old techniques to help companies track employees.

    8. Re:How Do Europeans Do It? by noodler · · Score: 1

      This is much more about culture than anything else.
      In Europe there usually is a humanistic view that people and their lifes are more important than business.
      In the US work has become an idolized concept (what with all the american dreamings) and so employers got a higher status as providers of american dreams.
      What strenghtens this is the lower social benefits in the US as compared to Europe.
      Employee loyalty towards the company will be higher in the US because people are dependingon their jobs more.
      In Europe you have more opportunity to quit your job and find a new one.

      So at the heart of it all is a difference in how we (are taught to) value things.

    9. Re:How Do Europeans Do It? by Anonymous Coward · · Score: 0

      This is a case of cultural difference.In the US, the situation stems from two factors:a) the attitude towards personal property of "I can do (damn) well what I want with MY property and nobody, including the strong belief that the 'gubment' can't tell me what to do with _MY_ property," and b) the inherent power/prestige/clout/reverence for the company - i.e. corporate power and influence through lobbying. When combined, these two factors lead to the attitude of "company computer, company email and company cell phone are COMPANY property, so the company has the right to do whatever it wants with its property." Europe does not share this strict interpretation of private property; there is usually some sense of "fair use" or whatever and typically no strict and innate right to do whatever you want with _your_ personal property. And of course, following the European attitude, government is expected to regulate companies and prevent corporations from infringing on personal rights. This idea exists in principle in the Unites States, but over the years sways back and forth from being completely ignored (e.g. end of 19th century), to being somewhat enforced: e.g. antitrust and labor laws around the turn of the century, post WWII New Deal, then relaxed again in the 80s and 90s, etc. (i.e. consider the present difference in corporate anti-trust and monopoly stance between Europe and the US - i.e. consider Microsoft)

    10. Re:How Do Europeans Do It? by Anonymous Coward · · Score: 0

      My god, man, it's simpler than that. Book a trip to Europe, then you undertstand.

    11. Re:How Do Europeans Do It? by Kjella · · Score: 1

      Well, I think you can start at the legal culture. Most US businesses seem to be extremely paranoid about lawsuits and rightfully so. That is not to say we don't have them in Europe, but nobody's going to get millions of dollars because somebody was watching porn at work. The fundamental difference is that in Europe very many are concerned that you do your work - slacking is frowned upon but we're not robots and few care exactly how you slack. While in the US they're extremely concerned with what it is you're doing when you're slacking because it might cause huge liability.

      --
      Live today, because you never know what tomorrow brings
    12. Re:How Do Europeans Do It? by Aceticon · · Score: 4, Insightful

      Most of European countries have more than 2 ellectable parties unlike the US were the only 2 ellectable parties defend the same vested interests but have 2 different public faces to deceive the plebes.

      Also average education in Europe is higher (lower and mid-level schools systems are beter than the US).

      In addition to that, most European countries have long histories of being under and fighting dictatorships, conquering powers and oppressive monarchies (the US had ONE revolution while your average European country has been throwing out conquerors since before the times of the Roman Empire). While in the US people talk loudly about the need for less government (while government actually concentrates on promoting the interests of a minority) in Europe governments are less prone to promote some minority of people at the cost of the majority (otherwise they would, at the very least be faced with massive strikes and maybe rebellion) - the contrast between the talk of less government in the US and the government that actually has to please the citizens in most of Europe kinda reminds me of the saying from my country that "The dog that barks is not the one that bites": in Europe we "bark" less but "bite" when needed.

      Last but not least, in most of Europe there's still a belief in social safety nets (avoiding that people fall too far into poverty) and social fairness (avoiding that those with more resources, like rich individuals and large companies, get more benefits than those with less resources), ideas which in the US would be shouted-away by the brainwashed ignorant masses as communism.

      That said, Europe is a large place with many languages and cultures - things can vary quite a bit, for example, between Northern European countries and Mediterranean Countries. Also of late many American cultural and economical practices have been imported, more so to places with a weak history of throwing out oppressors - though the recent recession has 'caused a re-evaluation of the "success" of the American Model.

    13. Re:How Do Europeans Do It? by houghi · · Score: 1

      How we do it. If we do not like party one or party two, we go to party three, four, five, six ....
      So the answer is a multi-party system.

      Also we have unions, but we can choose what union we go to if we want. e.g. in Belgium there are three large unions and I can go to each of them. I even can select not to join a union and I would still be having the same identical rights as anybody else who is in any of the unions.

      So what we have in Europe is choice.

      --
      Don't fight for your country, if your country does not fight for you.
    14. Re:How Do Europeans Do It? by bickerdyke · · Score: 1

      Most of European countries have more than 2 ellectable parties unlike the US were the only 2 ellectable parties defend the same vested interests but have 2 different public faces to deceive the plebes.

      Don't blame me! I voted for Khodos!

      --
      bickerdyke
    15. Re:How Do Europeans Do It? by smurfsurf · · Score: 1

      Warning: Generalisations ahead.

      I truly believe it is a cultural difference with the people. Comment http://yro.slashdot.org/comments.pl?sid=1762764&cid=33337868 has it quite right, I believe. Companies are not placed equal to or above people's needs. Corporations are not people, they do not have equal rights. A popular argument in the U.S. is that investors' money and therefore their will is behind corporations. Corporations are mere extensions/avatars of people, and thus the legal construct "corporation" has to be treated as a placeholder of the people behind it and has to have equal rights and standing. In Europe, corporations are regarded more as a cumulation of money, not as a person and not as an extension of the investors mind and body.

      Further. the power difference between an individual and a corporation is not taken as a force of nature but as something that can and should be countered. Whereas in the U.S., people seem to think "Well, corporation have these powers and resources, but that is because of the free market, therefore it is all good. We are not to interfere with that."

      BTW: The article is a piss-poor automatic translation which does not convey the proper intentions of the proposed law, like forbidding cameras in wash rooms, changing rooms or rest rooms and generally allowing cameras in other areas (entrances, QA, etc.).

    16. Re:How Do Europeans Do It? by moronoxyd · · Score: 1

      Exactly. That's why we Europeans are all unemployed and moving overseas... oh, wait...

      Yes, having branches (or the HQ) in Europe brings demands that companies don't have to fulfil in, say, the US.
      But: It also has advantages. Being closer to a part of its customers may be one, not having to worry about stupid class action suits or law suits with astronomical damages may be another one.

      The world isn't black and white, there are shades of gray and even, I hardly dare say, something called "colors".

    17. Re:How Do Europeans Do It? by Anonymous Coward · · Score: 0

      I think one strong reason is because representatives -even at high levels- often actually are quite much in line with their voter base. It is often not just a generic promise of "wealth", but more concrete ideological similarities they share. They can actually earn or win significant amounts of social respect with their voter base... and there will be people who quite strongly remember what they did or not did for them. So helping these out has very tangible effects on how well you'll fare in your social circles during and after representing people. By the way, since people think of politicians as some of theirs, they'll also harass and mob them quite heavily if they don't appear to at least mostly represent their interests...

    18. Re:How Do Europeans Do It? by Anonymous Coward · · Score: 0

      The difference between the US and most European countries is that in Europe we expect our government to pass regulating legislature when there is a (potential) imbalance of power. We look at these things as an empowerment or protection of the weaker members of our society; That is "weak" in the broadest sense possible, e. g. an employee is dependend on his/her employer and is very weak in case of a conflict of interests, therefore he needs laws to protect him.

      In the US any type of regulation is equated with a limitation of freedoms (e. g. see above "Their equipment, their choice").

    19. Re:How Do Europeans Do It? by dkleinsc · · Score: 1

      Most of European countries have more than 2 electable parties unlike the US were the only 2 electable parties defend the same vested interests but have 2 different public faces to deceive the plebes.

      Which is is many ways an inevitable result of plurality voting in the US versus a parliamentary system in most European countries.

      For instance, in the US in 2000, if you assume that half the votes for Ralph Nader would have gone to Gore had Nader not run, Gore wins by a landslide in the electoral college, so effectively voting for Nader was voting to allow Bush to get in without voting for Bush.

      By contrast, in the recent UK election, votes for Liberal Democrat candidates, which in the US system would probably have just helped the Conservatives win more easily, instead helped the Liberal Democrats. That allowed the Liberal Democrats to marginalize the Labour Party. There is a downside though, which is that in a parliament a tiny party in a coalition government can control things by threatening to leave the coalition and spark a confidence vote.

      In short, I hate Arrow's Impossibility Theorem.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    20. Re:How Do Europeans Do It? by L-One-L-One · · Score: 1

      The US has a lot to offer that Europe doesn't have, but when it comes to privacy, I think Europeans do have a strong lead:

      * For a start Europeans have real privacy legislation (it's called Directive 95/46/EC). US Internet corporations will fight with big money against any similar initiative in the US.

      * Each European Member State has a data protection authority that enforces privacy legislation, monitors the use of personal information and tries to educate the public. Some of these authorities even have inspection powers (see for example what they did over Streetview's interception of Wifi data). It has a little bureaucratic feel to it, but it works.

      * Culturally in Europe, there's always a tendency to find a balance between each party’s legitimate interests and rights. Even in the workplace, people's right to privacy can't fully be obliterated by corporate needs.

      The only caveat is that we are living more and more in a global world. My employer might be Chinese, my datacenters might be in the US, and my job might be in Europe. Which law applies then? That's the challenge!

    21. Re:How Do Europeans Do It? by cbraescu1 · · Score: 1

      in most of Europe there's still a belief in social safety nets (avoiding that people fall too far into poverty) and social fairness (avoiding that those with more resources, like rich individuals and large companies, get more benefits than those with less resources), ideas which in the US would be shouted-away by the brainwashed ignorant masses as communism.

      As an European I can proudly say: but they ARE communist ideas.

      --
      Catalin Braescu
      Ofaly.com
    22. Re:How Do Europeans Do It? by cpghost · · Score: 1

      Employee loyalty towards the company will be higher in the US because people are dependingon their jobs more. In Europe you have more opportunity to quit your job and find a new one.

      Hmmm..., as opposed to the US, in Europe (esp. in Germany), it can be extremely hard to find a new job, because companies are often very reluctant to hire people they can't fire later should the need arise. The European social nets are there to absorb the risks of people being fired, and not being able to quickly find a new job (due to labor protection laws).

      --
      cpghost at Cordula's Web.
  24. they aren't really better by yyxx · · Score: 3, Informative

    Many of these protections are already in place in the US and Europe is just catching up. For example, US employers have been limited for years in how they can use social networking sites, based on existing US non-discrimination and privacy laws. Many of those restrictions in the US are based on case law; they don't require separate legislation. In Europe, legislators need to pass many more explicit laws, and a lot of that is knee-jerk reactions to recent events and populist legislation that sounds good on the surface but that nobody knows how it's going to work out in the long run.

    And you're also right that a lot of European privacy abuse just isn't reported on much in the US. For example, the law in the story was prompted by several huge scandals in which big German companies spied on their employees, again in ways that are already totally illegal under US law.

    Other European privacy abuses aren't even perceived as such in Europe; people are just used to a more intrusive government. Many other European privacy abuses aren't visible at all. For example, despite all the brouhaha over Google Streetview in Germany (=big evil US corporation), it turns out that the German government itself regularly does detailed aerial surveys and precise GPS measurements of buildings and sells that information to anybody willing to pay for it (starting at around $200k); that data really is problematic, since it not only shows in great detail private areas protected by fences, but also is being used to charge individuals with code violations. And it's quite clear that European intelligence services spy on their citizens without as much as anybody even batting an eye.

    Much of the "Europe is better" perception is a myth, created by the European media and European governments to make Europeans happy, and some of that propaganda spills over into the US.

    1. Re:they aren't really better by D4C5CE · · Score: 1

      Many of these protections are already in place in the US and Europe is just catching up.

      A different view would be that Europe is replacing comprehensive but poorly enforced protection with piecemeal/sectoral US-style prohibitions. The trouble with that is how everything not explicitly banned becomes (perceived as) permitted if one legislates this way (after making people believe that was needed because they'd previously had no rights to privacy, when in fact they did extensively, but the problem was with prosecution of violations), i.e. there'll always be loopholes wide enough to drive a truck thru.

      Even spamming is not a crime in much of Europe to this day.

    2. Re:they aren't really better by DamonHD · · Score: 2, Insightful

      Really?

      There's a universal assumption of respect for (and illegality of reusing without permission) personal data for example in your US?

      Must be a different US and EU than I know about then.

      Rgds

      Damon

      --
      http://m.earth.org.uk/
    3. Re:they aren't really better by PseudonymousBraveguy · · Score: 2, Insightful

      Many of these protections are already in place in the US and Europe is just catching up. For example, US employers have been limited for years in how they can use social networking sites, based on existing US non-discrimination and privacy laws. Many of those restrictions in the US are based on case law; they don't require separate legislation.

      Yeah, nobody in the US was ever fired for posting stuff on social networking sites like facebook

    4. Re:they aren't really better by yyxx · · Score: 1

      Yeah, nobody in the US [slashdot.org] was ever fired [slashdot.org] for posting stuff [associatedcontent.com] on social networking sites [cbsatlanta.com] like facebook [pcmag.com]

      Those examples don't bear much on what I was saying. First of all, firing and hiring are different things. Second, as I was saying: US employers have been limited in how they can use social networking sites, they haven't been prohibited from using them. Third, some of the examples you list are not work related, others are currently in court. Fourth, try to come up with arguments why a blanket prohibition is more reasonable than the US approach.

    5. Re:they aren't really better by yyxx · · Score: 1

      There's a universal assumption of respect for (and illegality of reusing without permission) personal data for example in your US?

      No, there fortunately isn't.

      Must be a different US and EU than I know about then.

      Same US and EU. The US has reasonable, usually working restrictions. Europe has grandiose notions of "universal assumptions" and "respect", but less actual protection.

    6. Re:they aren't really better by yyxx · · Score: 2, Interesting

      It's really a difference in legal systems.

      In continental Europe, protections enumerated in a constitution or principles stated in some law cannot be enforced; legislators generally need to translate those protections into specific laws every time a new situation or new technology arises.

      In the US, constitutional protections and principles can be enforced by the courts through common law without legislators having to get involved. Legislators only need to get involved when court decisions start deviating significantly from the will of the people. For example, privacy in the US is well protected, but mostly through common law.

    7. Re:they aren't really better by PseudonymousBraveguy · · Score: 1

      Those examples don't bear much on what I was saying. First of all, firing and hiring are different things.

      Not really. Banning the use of facebook for hiring makes no sense if you can fire the employee the day after hiring for stuff he has on his facebook page.

      Second, as I was saying: US employers have been limited in how they can use social networking sites, they haven't been prohibited from using them.

      You tried to argue that "US allways had those regulations, and Europe is (barely) catching up". So how is Europe (or in this case, Germany) "catching up" if the regulation is stricter than in the US?

      Third, some of the examples you list are not work related, others are currently in court.

      All examples show people who were fired for something they wrote on facebook. How is beeing fired not work related? The last link cites a study that 8 percent of US companies fired somebody over his facebook page. I can't believe all of those cases are still in court.

      Fourth, try to come up with arguments why a blanket prohibition is more reasonable than the US approach.

      - What I do in my private time on my private site is my private thing. As long as I don't do something illegal like selling business secrets, I should be able to do what I want.

      - I have a right to privacy. My employer should respect that

      - Obviously (as shown by the links I provided), companies in the US misuse facebook to fire employees that execercise their right of free speech. Thus, the US approach does not work. Thus, a "blanket prohibition" is probably better.

    8. Re:they aren't really better by bickerdyke · · Score: 1

      When you're saying "Europe is...." you're in no way correct from the begining. Europe still consists of independent countries with many different laws. The EU gives mandatory guidelines for laws on certain subjects, but they may still end up in quite different actual laws.

      --
      bickerdyke
    9. Re:they aren't really better by D4C5CE · · Score: 1

      In continental Europe, protections enumerated in a constitution or principles stated in some law cannot be enforced; legislators generally need to translate those protections into specific laws every time a new situation or new technology arises. In the US, constitutional protections and principles can be enforced by the courts through common law without legislators having to get involved.

      However, specifically in labor law (somewhat atypically) the German Federal Labor Court also assumes immediate effect even of constitutional principles between parties to a contract or lawsuit.
      Europe is not without its share of Common Law jurisdictions of course (and court hierarchies that do set their own kinds of precedents), to name but Ireland and the UK.

      In general, there had already been all-encompassing, sweeping protections of privacy enacted by Federal Statute (following demands by the Supreme Court) in Germany for many years, actually serving as a model for many countries and the EU itself. The worry caused by piecemeal legislation instead of updating (and reinforcing by criminal sanctions long overdue) the time-tested (albeit poorly enforced) overarching rules is how it paves the way for concealing the view to and universally accepted effect of the latter.

      To quote once more eminent the French lawyers having compiled the Code Civil:

      Il ne faut point de lois inutiles ; elles affaibliraient les lois nécessaires ; elles compromettraient la certitude et la majesté de la législation. [...]
      Dans les matières mêmes qui fixent particulièrement [l']attention [du législateur], il est une foule de détails qui lui échappent, ou qui sont trop contentieux et trop mobiles pour pouvoir devenir l'objet d'un texte de loi.

      The moment you hear politicians exclaim how a law needs to be made because of (and often against) a "Google", "Facebook" or similar, its unlikely to be a good one - and more often than not comes built-in with a recipe for evasion by the next company, product and/or competitor, besides its obvious susceptibility to constitutional challenge.

    10. Re:they aren't really better by DamonHD · · Score: 1

      We'll have to agree to disagree on that!

      Rgds

      Damon

      --
      http://m.earth.org.uk/
    11. Re:they aren't really better by yyxx · · Score: 1

      You tried to argue that "US allways had those regulations, and Europe is (barely) catching up".

      Putting things in quotes that people didn't say is completely dishonest (and you can't even spell when you forge people's quotations). Even as a paraphrase, you're misrepresenting what I said. What I said was: "Many of these protections are already in place in the US and Europe is just catching up. For example, US employers have been limited for years"

      All examples show people who were fired for something they wrote on facebook. How is beeing fired not work related?

      One of the cases was about cheerleading; cheerleading is not a job. Another one of your examples was about a case that was going to court, so it is not an example of a failure of law. All of them appear to be about public Facebook pages, whose use appears to be generally legal even under the proposed German law.

      What I do in my private time on my private site is my private thing. As long as I don't do something illegal like selling business secrets, I should be able to do what I want.

      Just because you believe that doesn't make it good policy.

      And you're playing word-games with the word "private". Your site is "private" in that you pay for it privately, but the information on your site is not "private" if the site is published to the web at large.

      I have a right to privacy. My employer should respect that

      If you publish your Facebook page, it is obviously not private information anymore and you should lose control over it.

      Obviously (as shown by the links I provided), companies in the US misuse facebook to fire employees that execercise their right of free speech.

      You don't understand what "free speech" means. The Second Amendment says that government cannot restrict speech through laws. That doesn't mean that you can say whatever you like without consequences from anyone.

      And coming from someone defending German laws, free speech arguments are ridiculous, given the massive legal restrictions on free speech in Germany.

      Thus, the US approach does not work. Thus, a "blanket prohibition" is probably better.

      That is an incorrect representation of the proposal. The proposal does not suggest a "blanket prohibition" on using Facebook, it suggests a prohibition on using unpublished Facebook data (e.g., through friending) and it suggests limits on how published data (including published data from Facebook) can be used. Even under the proposed German law, many of the firings you list are probably still legal. Of course, even those restrictions are a bit naive, since so many people use Facebook for job-related networking; how are employers supposed to avoid using information from Facebook?

      Forged quotations, erroneous paraphrases, lack of understanding of the proposed laws, lack of understanding of the meaning of "privacy" and "free speech"--you just about sum up the level of incompetent political debate happening in Germany. Your political orientation is right wing populism, which is pretty far down the slippery slow to you-know-what.

    12. Re:they aren't really better by Anonymous Coward · · Score: 0

      In continental Europe, protections enumerated in a constitution or principles stated in some law cannot be enforced; legislators generally need to translate those protections into specific laws every time a new situation or new technology arises.

      At least in Germany, courts can and do directly apply the constitution.

    13. Re:they aren't really better by PseudonymousBraveguy · · Score: 1

      All of them appear to be about public Facebook pages, whose use appears to be generally legal even under the proposed German law.

      I've now read 3 different sources about the law. All state, that using data from social networks like facebook is beeing prohibited, no execptions. If you have a better source, please tell me.

      What I do in my private time on my private site is my private thing. As long as I don't do something illegal like selling business secrets, I should be able to do what I want.

      Just because you believe that doesn't make it good policy.

      Well, i could turn the table and ask why it should be a good policy to have your employer restrict what you can do in your spare time.

      I have a right to privacy. My employer should respect that

      If you publish your Facebook page, it is obviously not private information anymore and you should lose control over it.

      You have a pretty narrow definition of privacy.

      And coming from someone defending German laws, free speech arguments are ridiculous, given the massive legal restrictions on free speech in Germany.

      I'm not defending German's lack of free speech.

      The proposal does not suggest a "blanket prohibition" on using Facebook, it suggests a prohibition on using unpublished Facebook data (e.g., through friending) and it suggests limits on how published data (including published data from Facebook) can be used.

      citation needed. TFA (german original) says, that "So darf ein Arbeitgeber künftig keine Daten mehr aus sozialen Internet-Netzwerken wie Facebook erheben, um sich über den Kandidaten zu informieren. Eine Ausnahme gilt nur für solche Internetdienste, die gerade der eigenen Präsentation des Bewerbers gegenüber möglichen Arbeitgebern dienen." ("An employer may not collect any data from Internet social networks such as Facebook to get information about the candidate. An exception applies only to Internet services that serve the sole purpose of presenting of the candidate to potential employers.")

      Even under the proposed German law, many of the firings you list are probably still legal.

      I believe most of the firings would not be legal under current German law.

      Your political orientation is right wing populism, which is pretty far down the slippery slow to you-know-what.

      Actually my political orientation is what would be called liberal in Germany, which should be pretty much left wing in US terms. And thanks for the almost-Godwin.

    14. Re:they aren't really better by yyxx · · Score: 1

      citation needed. TFA (german original) [spiegel.de] says,

      Well, why don't you Google for, oh, 10 seconds and find the original source: Referentenentwurf.

      You have a pretty narrow definition of privacy. ... Actually my political orientation is what would be called liberal in Germany, which should be pretty much left wing in US terms.

      Terms like "liberal" and "privacy" have standard meanings and a long legal and philosophical tradition; neither you nor German politicians get to change them arbitrarily.

      As for Germany, if you go down the checklist of liberal issues--limited government, liberty of individuals, freedom of religion, freedom of speech, freedom of press, freedom of assembly, and free markets--Germany is far more restrictive than the US on pretty much each and every one of them. Germany may be more libertine, but it is not more liberal.

      And thanks for the almost-Godwin.

      There is nothing "almost" about it; German democracy and German society still have a long ways to go to prove themselves.

    15. Re:they aren't really better by PseudonymousBraveguy · · Score: 1

      Well, why don't you Google for, oh, 10 seconds and find the original source: Referentenentwurf.

      You are right, and I'm wrong. Stupid me for believing the press.

      Terms like "liberal" and "privacy" have standard meanings and a long legal and philosophical tradition; neither you nor German politicians get to change them arbitrarily.

      Liberal may have a standard meaning, however it is definately used differently in different countries. In Germany, the term "liberal" is used for what you might call Social liberalism. As for privacy, of course that concept can be interpreted differently in different cultures.

      Germany may have less individual rights than the US, however Germany has a better protection of those rights agains non-gouvermental entities. Take a look at the story of the waitress beeing fired because talking bad of customers on facebook. In germany, you would not be able to fire her, because she didn't break any law and she didn't fail at doing her job. You are entitled to a private opinion, and you are entitled to publish your opinion. Your employer has to accept that, as long as you do your job (including not telling the customers that they are cheap while still on the job)

      There is nothing "almost" about it; German democracy and German society still have a long ways to go to prove themselves.

      Huh?

    16. Re:they aren't really better by yyxx · · Score: 1

      In Germany, the term "liberal" is used for what you might call Social liberalism.

      Social liberalism imposes a constraint of egalitarianism and social justice on liberalism. Free speech, freedom of religion, freedom of assembly, and freedom of the press are independent of egalitarianism and social justice, yet Germany restricts those still more strongly, for reasons completely unrelated to social justice.

      No matter how you define "liberal", in my experience, actual mainstream German politics is fairly right-wing and closer to US Republicans (with a few exceptions).

      As for privacy, of course that concept can be interpreted differently in different cultures.

      You can call it what you want, what matters is what actual policies are. Democracy and the rule of law require transparency and informed decision making on the part of citizens, but Germany is steadily eroding those. If you don't like the US view (which personally I consider fairly balanced), have a look at Sweden.

      Take a look at the story of the waitress beeing fired because talking bad of customers on facebook. In germany, you would not be able to fire her, because she didn't break any law and she didn't fail at doing her job.

      And that legal opinion is based on what? As far as I can tell, she could still be fired even under the new, proposed regulation.

      Germany may have less individual rights than the US, however Germany has a better protection of those rights agains non-gouvermental entities.

      Really? I suggest you do an actual comparison instead of guessing.

      Here is a simple example. The US passed laws against age discrimination in 1967; Germany only did so in 2006, and only because an EU directive required it. In fact, most issues like that start as social movements in the US, become law in the US, and then make it to Europe decades later.

      Furthermore, just because Germany has a lot of laws on the books doesn't mean they are effective or that even the government observes them. Age discrimination in Germany is rampant and pervasive, despite the law. Germany continues to grant special status to Christian churches despite a constitutional requirement to end this status. Etc.

    17. Re:they aren't really better by PseudonymousBraveguy · · Score: 1

      Social liberalism imposes a constraint of egalitarianism and social justice on liberalism. Free speech, freedom of religion, freedom of assembly, and freedom of the press are independent of egalitarianism and social justice, yet Germany restricts those still more strongly, for reasons completely unrelated to social justice.

      Most of those restrictions are in place since WWII, mandated by the allies. Most of the restrictions are pretty much tailored to cover national sozialists. But yes, I'd really like a little bit more free speech in Germany.

      No matter how you define "liberal", in my experience, actual mainstream German politics is fairly right-wing and closer to US Republicans (with a few exceptions).

      You are the first person I've met that compares our mainstream politics, with its 5-party system (including the socialist "Linke"), with its expensive and extensive social system and its fairly big influence of the green party even remotely with US right wing politics. I'm not content with many things in our current gouverment, but to say its close to US republicans is simply ridiculous.

      Democracy and the rule of law require transparency and informed decision making on the part of citizens, but Germany is steadily eroding those. If you don't like the US view (which personally I consider fairly balanced), have a look at Sweden.

      If I want to look at a transparent Democracy, I'd look at Switzerland.

      Take a look at the story of the waitress beeing fired because talking bad of customers on facebook. In germany, you would not be able to fire her, because she didn't break any law and she didn't fail at doing her job.

      And that legal opinion is based on what? As far as I can tell, she could still be fired even under the new, proposed regulation.

      This has nothing to do with the proposed regulation. Just employees' protection against dismissal. KSchG 1.

      Really? I suggest you do an actual comparison instead of guessing.

      So how is US employees' protection against dismissal going? Human right to social security? Human right to health?

    18. Re:they aren't really better by yyxx · · Score: 1

      Most of those restrictions are in place since WWII, mandated by the allies. Most of the restrictions are pretty much tailored to cover national sozialists. But yes, I'd really like a little bit more free speech in Germany.

      I'm not talking about the restrictions on Nazi-related activities. Many of Germany's restrictions are hold-overs from Bismarck, the Weimar Republic, or the Nazis: restrictive libel laws, Abmahnung, preferential treatment of some churches, etc. Those laws weren't imposed by the allies, they are a part of Germany's broken political heritage.

      I'm not content with many things in our current gouverment, but to say its close to US republicans is simply ridiculous.

      No, it's not ridiculous, you're simply so deeply steeped in German politics that you don't see it. Two major German parties are Christian parties. Merkel nearly killed the EU constitution by insisting on putting "God" in it. The current German president has ties to Christian fundamentalists and managed to keep crosses in public school rooms in his state. Most German presidents have proclaimed Germany to be a Christian nation. Neither party is following the constitutional mandate of eliminating the special treatment of churches. Abortion is illegal; penalties can be avoided only if there is counseling. Government surveillance and eaves-dropping are legal under a wide variety of circumstances, often without court order. Gay marriage doesn't exist and domestic partnerships are not treated equally. German is the official and mandatory national language. Immigration is restrictive and gives preference based on German origins. Stem cell research is restricted and creating new stem cell lines is illegal. Assisted suicide is illegal. The German government funnels billions a year to religiously based health and social services. Etc. Germany is socially and fiscally conservative.

      Moderately high taxes and extensive mandatory government "insurance" programs are not a sign of liberalism or left wing orientation, they are a tool of governmental control, and they existed in Nazi Germany as much as the Weimar Republic and the GDR. And Germany's greens are a feel-good middle class institution, not particularly liberal, nor particularly effective on environment issues.

      You're right that German conservatism isn't quite like US Republicans: US Republicans have a libertarian streak and history that is completely absent from German politics. That makes German politics more right wing, not less.

      So how is US employees' protection against dismissal going? Human right to social security? Human right to health?

      In many states, protections are as strong or stronger than in Germany. Social security and unemployment insurance laws were passed in 1935. The US has universal health insurance. Anti-discrimination, privacy, and data protection laws were passed decades before equivalent legislation in Germany, and they have teeth.

      How are those things going in Germany? Oh, right, there are a lot of laws on the books, but they often don't really work or don't get enforced, and Germany is starting to dismantle them because it can't afford them anymore.

    19. Re:they aren't really better by Anonymous Coward · · Score: 0

      Agreed that it is a bit naive, what should be banned IMO is trying to friend an applicant without disclosure. With disclosure the employee will at least know what is happening.

  25. Moved on from the cold war by OrangeTide · · Score: 2, Insightful

    I remember East Germany. That was a time and place where privacy was an absurd concept. Where has the US gone since the cold war? It doesn't feel much different to me.

    --
    “Common sense is not so common.” — Voltaire
  26. Inventory by LordLucless · · Score: 0

    Among other provisions, the bill would ban employers from surveilling their employees by cameras

    Now's the time to get a job in a German warehouse it'd seem. I wonder what the stats on inventory shrinkage will look like after this law gets promulgated

    --
    Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    1. Re:Inventory by maxwell+demon · · Score: 2, Informative

      Yes, it's time to get a job in a German warehouse: As warehouse detective!
      Oh, and don't forget that it's certainly not forbidden to tag your wares with RFID. Indeed, this already is widely used to prevent theft (the RFIDs are disabled at the cash desks so they don't trigger alarms for bought stuff; I guess there's a trail of this so any mismatch between disabled RFID wares and cash contents can be tracked to the cash desk worker (after all, it doesn't matter for the warehouse whether the cash desk worker takes the ware unpaid, or takes the cash of a customer who paid).

      --
      The Tao of math: The numbers you can count are not the real numbers.
    2. Re:Inventory by LordLucless · · Score: 1

      That sounds more retail than warehouse. RFID's fine for protecting your goods from customers - less so when protecting them from your employees. After all, its your employees that do the tagging.

      I work for an online store - we've got trucks coming in to dump stuff, trucks coming in to pick up pallets of gear, and forklifts zipping around all over the place. Stopping to RFID each individual article before shelving it in the warehouse would probably cost more in lost staff-time than it saved. A one-time installation of a few IP-based cameras, and a review of the tapes when stock-loss creeps up is far more cost-effective.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    3. Re:Inventory by PatrickThomson · · Score: 2, Insightful

      Perhaps not suspiciously regarding your employees as thieves builds, oh, I don't know, an actual environment of trust and respect? The culture of corporate sabotage certainly exists on this side of the pond, but only in occasional moments during particularly vicious company mergers or layoffs. It's much more effective here to have one or two auditors trying to spot patterns not consistent with customer-originated shrinkage, and then come in for a closer look. Even if nobody gets caught, the one guy on the take usually backs down.

      --
      I am one of many. My idea is not unique, nor do I expect my voice alone to sway you. I speak in a chorus of opinion.
    4. Re:Inventory by LordLucless · · Score: 0

      Maybe we should prevent crime by disbanding the police force, and not regarding citizens as criminals? Or stop treating the average internet user as a criminal by eliminating the necessity for passwords - just rely on the honesty system?

      Give that a shot and let me know how it works out for you. Meanwhile, in the real world, employee theft does happen, particularly in boring, low-paying jobs. You either pass it on to the customer, or put measures in place to make sure your employees aren't robbing you blind. I know which seems fairer to me.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    5. Re:Inventory by PatrickThomson · · Score: 2, Insightful

      My point was that employee theft is worse in places with poorer labour laws and oppressive workplaces, nothing more. Such extreme measures wouldn't be needed, but rather milder ones. It's a self-reinforcing problem, the more I get treated like a potential thief, the less I'm going to care about the company in return. Don't get me wrong, I think all businesses everywhere are sociopaths, but the illusion of corporate loyalty benefits everyone.

      --
      I am one of many. My idea is not unique, nor do I expect my voice alone to sway you. I speak in a chorus of opinion.
    6. Re:Inventory by Anonymous Coward · · Score: 0

      Maybe we should prevent crime by disbanding the police force, and not regarding citizens as criminals?

      Maybe the police should not regard all citizens as criminals in the first place? They should have their hands full catching real criminals, without having time left over for harassing the law-abiding, tax-paying, citizens they serve.

      The US is (according to Discovery Channel) a beautiful place in parts, but you sure do make your stereotype seem true. Which is that of a loud, rude, obnoxious and seriously under-educated cloth, if you must know.

  27. Terrible Summary by timbo234 · · Score: 4, Informative

    The idea that you can understand something like privacy laws, which are complex and nuanced, from a half-nonsense google translate is just crap. My German isn't perfect but here are the main points of the article from the German original (http://www.spiegel.de/wirtschaft/soziales/0,1518,713153,00.html):

    * Video surveillance is banned in areas that have a 'private character' to them such as toilets, change rooms and rest/break rooms. It's still allowed in other areas as long as employees are informed and there's no attempt to hide the cameras

    * Recruitment - no data from social networks such as Facebook may be used as part of the recruitment process, social networks specifically designed for recruitment (I reckon they mean ones like Linkedin) are still allowed to be used

    * You're still allowed to use any other publicly accessible data off the net, although there may be restrictions related to how old it is or whether the employee/candidate has access to update or remove the data

    * Medical examinations - may only be used when there's a good reason

    * Screening (they define it as comprehensive comparisons of one employee against another) may only be used under strict conditions. The data must be handled anonymously unless it shows strong evidence of a problem (eg. criminal activity).

    * The law establishes conditions under which phone and email communication can be monitored. These conditions vary depending on documentation requirements, the type of business and the individual usage agreements for IT in each company.

    --
    Pre-canned Evolution Links for all those Slashdot holy wars.
  28. Hmmm.... by Anonymous Coward · · Score: 0

    Much of the "Europe is better" perception is a myth, created by the European media and European governments to make Europeans happy, and some of that propaganda spills over into the US.

    Sounds like Orwell's 1984...

  29. Is Employer Legally Protected Also by Liambp · · Score: 2, Interesting

    Sounds like a good law to me but I assume that a complementary suite of protection is required to indemnify the employer against any activities undertaken by an employee under the protection of privacy. For example if an employee sends you a hate mail using a company email account then then you cannot sue the company.

  30. To sum up by Anonymous Coward · · Score: 0

    Employers are forbidden to put cameras in changing rooms, toilets, and bedrooms (I'm guessing company dormitories). They are supposed to only use cameras that are easily visible, serve to protect sensitive locations, and are pointed out to employees. In addition, the cameras are supposedly only allowed when they don't go directly against the "interests of employees".

    Employers are forbidden from using information gleaned from social websites, but are allowed to use information from job search sites submitted specifically for that purpose.

    Employers can use search results with restrictions, including the age of the data and whether or not the person in question retains control over the publication of the information (in other words, people are protected from defamatory information being maliciously posted by a third party and subsequently used against them). It is also stipulated that information can only be used if the benefit of such serves the interests of the employee more than the employer.

    Medical examinations can only be made a prerequisite for employment if the employer can prove that they have a significant bearing on the ability of the employee to carry out his or her duties.

    Screening can only take place only in cases of suspected corruption, misconduct or failure to carry out one's job duties. Individual performance data must be kept anonymous, except in the cases where specific allegations are raised. Data must not be used to create a comprehensive personality profile for any employee.

    Interestingly enough, it appears that the rights of companies to monitor email and phones are to be determined based on what kind of company it is (what industry it belongs to) and on a case-by-case basis (basically, if it is determined that it's necessary, then they're allowed to do so).

    The German law doesn't really sound that much different than what we're hearing from other countries such as the US and in other places in the EU.

  31. Libertarianism by LKM · · Score: 1

    That would be like me saying I can't put a GPS on my car to keep tabs on where it goes when my son drives it.

    You're making the Libertarian argument; in other words, you're describing your conviction that the government should not be able to legislate what a private company does to the things it owns. That's okay, but it's kind of a meaningless argument, since you're merely implying that everybody should follow your ideology, without giving reasons for why they should do so.

    Obviously, not everybody subscribes to your ideology. So rather than arguing that we should all follow your ideology, why not discuss this law based on its merits or problems? Ideology aside, isn't it a good thing that the government has rules in place detailing what levels of privacy an employee can expect when using the employer's computer?

  32. Irony from the home of the Nazis by Anonymous Coward · · Score: 0

    I think it's ironic that in a country where you can be put in jail merely for questioning the number of people who were killed during the second world war (regardless of evidence one way or the other), your privacy will be protected in the workplace.

    Wasn't it Germany which has plans to place RFID into the ID cards too.

    Wait! I need to protect your privacy. To do that I need to infringe your free speech. Can I see your papers please.

    1. Re:Irony from the home of the Nazis by moronoxyd · · Score: 1

      I think it's ironic that in a country where you can be put in jail merely for questioning the number of people who were killed during the second world war (regardless of evidence one way or the other),

      There is plenty of evidence that it happened, and that a lot of people where murdered.
      Denying that it happened goes against the facts, and is defamatory (sp?) to the victims and their families.
      People who deny the holocaust basically call everyone who suffered through it a liar, even though there's plenty of evidence.

      Free speech has it's limits. Talk with the lawyers in your country aber hate speech, defamation and such like.

  33. Actually, I've changed my mind by LKM · · Score: 5, Interesting

    There are studies.

    The University of Melbourne study showed that people who use the Internet for personal reasons at work are about 9 percent more productive that those who do not.
    (...)
    "Short and unobtrusive breaks, such as a quick surf of the Internet, enables the mind to rest itself, leading to a higher total net concentration for a days' work, and as a result, increased productivity," he said.

  34. Hypocrites by janwedekind · · Score: 2, Interesting

    At the same time the German government mandates Vorratsdatenspeicherung (telecommunications data retention) and we would have internet censorship now if it wasn't for the federal constitutional court.

    1. Re:Hypocrites by SlothDead · · Score: 2, Informative

      Didn't you hear? Vorratsdatenspeicherung was abolished. And that internet censorship stuff was just some campaigning stunt the conservatives pulled of to get more popular with conservative voters.

    2. Re:Hypocrites by janwedekind · · Score: 1

      Ok, I missed that one. The internet censorship was backed by both major parties though. And Jörg Tauss left the social democrats over this.

  35. Re:Which tells a tale of lenient construction+lack by PseudonymousBraveguy · · Score: 1

    Trouble is, by regulating lots of nitty-gritty details instead of a broad "Constitutional right"-style protection, one makes it even harder for the law to keep up with progress - while exposing the loopholes most clearly to those determined to use them with impunity.

    Well, we do have a "constitutional right" to privacy. However, there are allways areas where two rights are in conflict (in this example the right of the employer to check if their employers are actually working vs. the right of the employee to privacy). In that case, you have to clarify which right is more important. This law does basically clarify that. Most of the stuff described in the article would have deemed illigal by most judges even before that law (i.e. having cameras on the loo). But we don't have case law, so to have legal certainity, codification of law is needed.

  36. No news by hamvil · · Score: 0

    It is like this in Italy since the beginning of 90.

  37. Bullshit by Anonymous Coward · · Score: 0

    Title Reads "Germany To Grant Privacy At the Workplace"
    Article Reads "The German government is proposing a bill deciding employees have an expectation of privacy at the workplace"

    There is a huge difference between "Grants" and "Deciding to Grant"

    Stop the sensationalistic bullshit slashdot! get your shit straight! Fucking tabloid!

    1. Re:Bullshit by Anonymous Coward · · Score: 0

      I'm the poster. I tried to write a less sensationalistic and misleading title but the char limit was to low.

  38. Easy answer: We've already tried fascism. by Qbertino · · Score: 4, Interesting

    Today Europeans in general and Germans particularly know what happens if you let governments screw around to much. We've already tried out the prime example of a fascist regime, the one and only, the Mercedes-Benz class of totalitarian states, so to speak. And it ain't pretty, trust me on that one. Curiously enough, I have the entire spectrum of sides in the 'Third Reich' in my family. My US Grandpa was there on D-Day, my German Grandpa is a Type-A Waffen-SS /SD Officer - (Kompanieführer) still alive and kicking at 96, (blacklisted in the US too ... the whole shebang), and my uncle was a Jew on the run from the Gestapo and the SS, hiding away in sewers and all that. We've basically got it all here in one spot, German post-war offspring from US soldiers (f.e. me), old Nazis, art-class comrades that where 'unerwünschte Personen' ('unwelcome persons') in eastern Germany before the reunification, etc. pp. If you're only the slightest bit interested, you get a full-scale rundown of what happens when things in politics and public affairs go hairwire or head down the wrong road. The mechanisims aren't trivial, but there all the same, be they Nazi, Commie, Fundamentalist Islam or whatnot. Very interesting live history lessons to be made here indeed. One of the upsides of living in Germany.

    And while a basic trust in law and order is commomplace around western Europe Civil - manly due to the dence population and a historically grown optimization of things, civil disobedience and a basic sence of educated distrust is also quite commonplace around here. I presume the latter is due to a (still) relatively high level of education among the general population.

    God help us all when the US comes around to taking it's shot at fascisim.

    --
    We suffer more in our imagination than in reality. - Seneca
    1. Re:Easy answer: We've already tried fascism. by cbraescu1 · · Score: 0, Troll

      My english is better than most other people's german, so please point out mistakes politely. Thank you.

      Perhaps you think your sig is either smart, funny, or both = except that it isn't. We don't give a shit about your knowledge of German, or my own knowledge of French, or his knowledge of Spanish, or her knowledge of Mandarin Chinese...

      --
      Catalin Braescu
      Ofaly.com
    2. Re:Easy answer: We've already tried fascism. by weicco · · Score: 1

      Today Europeans in general and Germans particularly know what happens if you let governments screw around to much.

      I take it you haven't been in Finland. We have some weird on-going process where our highest ranking police officer seems to be running some sort of political campaing to get every people under at least some kind of surveilance. Latest idea was to take finger prints of every citizen so that they could "solve serious crimes more easily". I really don't know how my finger prints are going to help solve serious crimes when I'm not the one making them.

      Then there's our current government, which I thought was supposed to be liberal and all but ended up being as socialist as the former one, making all kinds of laws to protect the children (of course) and Nokia.

      So if you have open positions for programmers in Germany I might be interested ;)

      --
      You don't know what you don't know.
  39. Is a company really like a person? by fyngyrz · · Score: 5, Interesting

    In the US, (IMHO very bad) court decisions have made it so that businesses - corporations - are commonly treated as if they were persons under the law. This leads more or less naturally to weighing the rights of the corporations against the rights of a flesh-and-blood person; and when a corporation contributes more to the public trough than the citizen does, the outcome is often a foregone conclusion.

    Lately, it's been rattling around in my old head that perhaps, instead of treating corporations like persons, we should treat them like useful, but very dangerous, viruses. Comparable to one that generates some useful end product, but would eat your flesh off if you got any on you. Because other than the end products they make, I'm really hard put to think of much good corporations do unless they're legislated into a corner and forced into it.

    In this case, the nagging thing is that if there's corporation on the one hand, and it thinks it has a right to look at your credit history, your online activity, or how you crap in the bathroom, and an actual person on the other, who thinks they have a right to privacy... you know, I'm probably going to side with the person. Perhaps we should be thinking how to best rein in corporations instead of how to rein in employees. Legally.

    Might this disadvantage the corporation? Yeah, it might. Just like the constitution disadvantages (well, is supposed to) the government. My response to that is that if the corporation wants to ensure the person's loyalty and fidelity, that they do so by ensuring that the person in question has every reason to feel that serving the corporation is the best choice. Rather than depending on rights-eroding legislation to trap the employee into a regimented behavior pattern they really don't support.

    Perhaps they could start by paying a little less to the top levels, pruning the ridiculously incompetent middle management, and compensating the people who do the actual work a little better. Maybe even provide decent healthcare, you know? Radical, I know, but it's late, and I'm riding the caffeine monkey, or vice versa. All I'm sure of right now is that the ringing in my ears isn't the damned liberty bell.

    --
    I've fallen off your lawn, and I can't get up.
    1. Re:Is a company really like a person? by scottme · · Score: 1

      I would mod you up if I could; you are right on the money. Here is an interesting article from yesterday's Observer (UK Sunday newspaper). It addresses the same issue basically.

    2. Re:Is a company really like a person? by mhajicek · · Score: 1

      I've been thinking along similar lines. It has become commonly accepted that a corporation's purpose is to maximize profit at all costs. That means that it's a greedy narcissistic entity which will act in it's own best interest with no regard to the well being of others. The existence of such an entity is not in the best interest of Humanity.

    3. Re:Is a company really like a person? by MortimerGraves · · Score: 1

      "...act in it's own best interest with no regard to the well being of others".

      When people act like this we call them sociopaths.

      Symptoms (courtesy of Wiki) include:

              * Persistent lying or stealing
              * Apparent lack of remorse or empathy for others
              * Poor behavioral controls... threats, aggression, and verbal abuse...
              * Recurring difficulties with the law
              * Tendency to violate the boundaries and rights of others

      Successful corporations are "people" with antisocial personality disorder, lawyers, and lobbyists.

    4. Re:Is a company really like a person? by Anonymous Coward · · Score: 0

      I would not go so far to treat them as viruses. Anyway, all that is another topic altogether.

    5. Re:Is a company really like a person? by Rayonic · · Score: 1

      Corporate personhood is a red herring. It's mostly a matter of convenience, like if you wanted to sue one, or regulate one, etc. Heck, part of the reason that laws can ban corporate donations is because corporate personhood exists.

      If it was abolished, nothing much would change. There'd just be more paperwork.

  40. This is not about rights by Anonymous Coward · · Score: 0

    Just wondering why do you speak about 'employees rights', when this obviously is not about 'rights'. The employer is singing a contract, you are signing a contract. The law saying 'the contract may not state XXX' (in this case: the contract may not contain a clause that the emplyer may monitor your computer) is obviously nothing to do with 'emplyees rights' - stripping you of your freedom to sign such a contract is not the same as enforcing your rights.

  41. Try to think a bit out of the box for a change! by fadir · · Score: 3, Interesting

    Yes, I know this might come as a shocker to many but there are people, companies, managers and even governments (not necessarily the German one though) that do not see a human as a pure cost factor, comparable to a machine on the assembly line or the rent for the office.

    A human should be treated as such and surprisingly will perform quite well if done so. What do you expect from someone who is monitored 24/7 (or at least 8+/5), whose work time is recorded by the second? Sure, that might work for really basic jobs, like cleaning the roads or the like. But for anything a little more demanding or even remotely creative (yes, even working in a lousy call centre requires some creativity at times) this will result in frustration and delivery of the minimal required performance instead of the maximum possible.

    Stop to treat your employees like animals in a barn and you might notice a surprise: productivity goes up!

    1. Re:Try to think a bit out of the box for a change! by Punctuated_Equilibri · · Score: 1

      You are confusing human rights, where everyone is entitled to their opinion, and economic productivity, which should be data-based. Productivity is complicated, but I think you would find in some cases giving employees more rights is associated with more productivity, and sometimes less productivity. People are prone to vastly oversimplify the issues based on their feelings.

      --
      In group behavior: 'because they're evil/morons/sheep/crazy' is not 'insightful' it's 'oversimplified'
    2. Re:Try to think a bit out of the box for a change! by Securityemo · · Score: 1

      Hmm, yes, from the POV of the employer and the employee it should be data-based. But what we are talking about here is keeping tabs on what measures can be taken to maximize producivity, to make sure that peope are not treated as slaves. It may well impact productivity in certain situations, but then so be it?

      --
      Emotions! In your brain!
    3. Re:Try to think a bit out of the box for a change! by fadir · · Score: 1

      That's exactly what I was referring to:

      Stop treating humans as a cost factors and you'll notice some very interesting effects. As long as you are locked up in the old (and in my opinion outdated and inhuman) scheme where humans are just means of production you'll not see what I mean.

      I'm not talking about rights or the like. I'm talking about a whole different view on work, employees and how to deal with them. Better human rights are just a side effect of this. But this requires to accept that "cheap != better".
      Humans are not machines and should not be treated as such. Humans are way too complex to be grasped by those people that only think in numbers and bottom line. When dealing with humans employers should realize that very different rules apply.

    4. Re:Try to think a bit out of the box for a change! by cbraescu1 · · Score: 0, Troll

      Let me guess: you never had to manage human beings, right?

      --
      Catalin Braescu
      Ofaly.com
    5. Re:Try to think a bit out of the box for a change! by fadir · · Score: 1

      I work as a product manager. Before that I have been working 4 years as an IT manager.

      Go figure!

  42. Re: by Anonymous Coward · · Score: 0

    Your car analogy is a bad example because German autobahns don't have a speed limit.

  43. Less rights for employers? by kenh · · Score: 1

    So if passed, German employers can't monitor employee emails sent from employers servers during business hours? They can't access employee pages on public websites (Facebook) though anyone else can (like customers)? Seems to me a few employees could destroy a company and the employer would be helpless to stop it. Imagine a disgruntled employee that starts telling off customers via emails, posts falsehoods about company products on site like Facebook, Twitter, MySpace, and steals office supplies - this law ties the hands of the employer to track such activities.

    I hope they called this the "Lousy Employee Protection Act"

    --
    Ken
    1. Re:Less rights for employers? by 91degrees · · Score: 1

      I guess that could happen. Actualy it's something that could happen already in the existing legal framework. For some reason it doesn't.

      Since this doesn't happen do we need the law to prevent it?

    2. Re:Less rights for employers? by Anonymous Coward · · Score: 0

      OT, but the best solution to this, in most cases, is direct response, not firing.

  44. Short sighted bill is full of holes by brunes69 · · Score: 1

    Once again a bill is passed where the author has no idea how technology works.

    IE, nearly all workplaces have passive filtering and monitoring. A company does not have to "log into" your facebook profile to see it, because facebook does not use SSL. Everything you do is in the clear and their passive monitoring can see it and record it if need be.

  45. Only *secret* video surveillance is prohibited by Anonymous Coward · · Score: 0

    RTFA and you'll see that it's not a complete ban on video surveillance, it's a ban on *secret* video surveillance... big difference.

  46. Nothing New by Deorus · · Score: 1

    This is just the implementation of Directive 95/46/EC. Over here in Portugal we have that kind of protection the constitution itself.

  47. I wonder what this means for me. by Anonymous Coward · · Score: 0

    Our mail servers are in Germany. I am in the US. Some of the company linux machines I use are in Germany, some in the US. Some of the machines in the US are accessed by co-workers from Germany.

  48. Yes, but...cut your employees some slack! by bradley13 · · Score: 5, Insightful

    You are technically correct. However, "slack" is important.

    If you are constantly under surveillance by the government, you are living in a police state. This does not make for good living.

    It's no different at work. If you are constantly under surveillance, you are in a sweatshop, which does not make for a good working environment. Such working conditions are unacceptable.

    If you cannot trust your employees to get their work done, then you either need to train them or fire them. If they get their work done, then it should not matter if they spend a bit of time dealing with personal matters while in the office.

    --
    Enjoy life! This is not a dress rehearsal.
  49. Strange by Anonymous Coward · · Score: 0

    Perhaps it's a US versus Europe thing, but i'm sure that when I poll 100 random people overhere (in Europe, that is) not one will think this is acceptable.

    There are certain freedoms and expectations of privacy that are just not negotiable. These are examples of those..

    1. Re:Strange by DrgnDancer · · Score: 1

      Actually it's not a US vs Europe thing. You've just found an edge case. Few in the US would agree with him either. All of those things are illegal in ever jurisdiction I'm aware of here in the US.

      --
      I don't need a million points of light, just two points of multi-mode fiber and a 10 Gig-E router.
    2. Re:Strange by Anonymous Coward · · Score: 0

      Seeing the reactions on this page, there sure are a lot of edge cases. I'm not convinced it isn't an ingrained (nurture, rather than nature) trait of USians.

    3. Re:Strange by DrgnDancer · · Score: 1

      Well for one, /. has a very "free market is God" audience for some reason. It tends to make it hard to "take a pulse of the nation" on this site. For another, I was specifically referring to the types of monitoring listed above (bathrooms, changing rooms and the like) which are not able to legally monitored in this country (at least not anywhere that I know of, stuff like this tends to be covered by state and local laws, not federal), and you'd probably be pretty hard pressed to find anyone who thinks they should be. Certainly Americans (in general) are less privacy aware than Europeans (in general), but not to the level displayed in the post above.

      --
      I don't need a million points of light, just two points of multi-mode fiber and a 10 Gig-E router.
    4. Re:Strange by Anonymous Coward · · Score: 0

      Thanks for the clarification. What you say makes a lot of sense.

      However, I would have expected /. to have a more liberal view (and I don't mean that in a two-party-political-system kind of way), as I always assumed the /. crowd to be above average intelligence.

      Guess my assumption is wrong, or there really is quite a large gap in world view between the US and Europe. Perhaps a bit of both.

  50. So lets sum up by Lars+T. · · Score: 0

    Germans are Nazis for having RFIDs on IDs, and Luddites for not allowing electronic surveillance on the workplace.

    --

    Lars T.

    To the guy who modded me down from perfect to terrible Karma - Apple haters still suck

  51. Godwin's Law for Slavery by Punctuated_Equilibri · · Score: 1

    We need a variation of Godwin's law that covers the use of 'slavery' in discussions about employment. There is a huge difference that is obvious to everybody, who the f* is talking about anything that remotely resembles actual slavery? It lowers the argument to the level of pie-throwing.

    --
    In group behavior: 'because they're evil/morons/sheep/crazy' is not 'insightful' it's 'oversimplified'
  52. Works there! by redelm · · Score: 1

    One thing irks me about human psychology -- we assume that others are like ourselves. That many elements of our native culture are common to other cultures. Wrong! There are obvious differences, and these derive from and generate less obvious differences.

    So we have the spectacle of euros, limeys and yanks each telling the others "you're doing it wrong!"

    I've worked in Germany. I think they could loosen up a bit. So do they, but for a variety of reasons (inflexible jobmarket) cannot. If workplace privacy helps _them_, why not?

    Just because workplace privacy would instantaneously be abused in the US, UK and Oz does not mean the net effect would be negative in Germany.

  53. The US needs the Medical tests part so you can't g by Joe+The+Dragon · · Score: 1

    The US needs the Medical tests part so you can't get fired if your BMI is to high, you smoke off the job, you do other stuff off the job, and even if you are on medical marihuana.

    Some one is suing walmart over that and walmart has no right to fire some other what drugs some is taking.

  54. Hostile Environment Lawsuits? by Stormy+Dragon · · Score: 1

    At present, US companies can be held legally responsible for employees being made uncomfortable, even if the things making them uncomfortable were not specifically directed at the employee and even if the company was not aware of it. But that together with this and the company is in a Catch-22, where it's legally responsible for the content of e-mails that it's not allowed to look at.

  55. I wonder how Slashtards will respond? by frist · · Score: 1

    Let's see, on Slashdot, will the Slashtards want to be able to goof off at work and browse porn, or will they have common sense and understand what work is, and that you have sold your time to your employer and are supposed to be working for them while you're at work.

  56. Bravo! by assertation · · Score: 1

    I'm a life long citizen of the U.S.. I can not agree with, endorse or applaud your opinion more.

    I've seen so many of the examples of the rant you answered. "How dare you abuse our poor CEOs, millionaires and billionaires" like the author is their next door neighbor and has a likelihood of being in that position someday.

    The cartoon character "Homer Simpson" started off as a satire of the average American. I'm amazed at how many people laugh along, not being outraged of how much art imitates life. Like you wrote, on every objective measure of things most people value ( health care, education, environmental metrics, etc ) the U.S. is never first and is often way down on the list, but "Homer Simpson" honks his horn, flashes his headlights and chants "USA! USA!".

    Your answer to the loss of productivity due to goofing off on the web is the same as the answer I've had for years in regards to drug testing. If someone acts inappropriately at work or if someone's productivity is low, fire them for that. Don't violate their freedom and dignity.

    I agree. Many people have the attitude that "employee" is just a step above "slave".

    I wish I could moderate your post up to a 10.

    For years I have not been able to believe how ignorant my fellow Americans are and how often they *energetically* and *obtusely* speak out against their own benefit

  57. Born to be a bureaucrat by fuzznutz · · Score: 2, Funny

    You are technically correct.

    That's the best kind of correct...

  58. It's a process of discovery by Anonymous Coward · · Score: 0

    The policy should be whatever the employer and employee agree to. If the employee doesn't like the policy, he can either make a convincing case the employer why it would benefit everyone to change it, or go find another employer with a different policy.

    No need to get government involved. The way you discover good policies is through experimentation, not by arbitrary government mandate. If we can't try different policies, how will we ever discover what works and what doesn't?

    1. Re:It's a process of discovery by Shoe+Puppet · · Score: 1

      If the employee doesn't like the policy, he can either make a convincing case the employer why it would benefit everyone to change it, or try to find another employer with a different policy.

      FTFY

      --
      (+1, Disagree)
  59. Arbeit Macht Frei ! by OricAtmos48K · · Score: 1

    In a modern way ...

  60. Amazing %~P by OldHawk777 · · Score: 1

    What the Germans learn from losing a war, we in the US and UK forget after winning the war. The thought-police with legal-rights will punish the thought (comical, artistic, political, personal, social...).

    --
    Unaccountable leaders are masters, and unrepresented people are slaves. How do US and EU fare?
  61. Internet by XB-70 · · Score: 1

    Since the advent of the internet, the amount of dog-fucking on the job has gone through the roof. Let's not kid ourselves, we ALL do it. Any of you who disagrees is not only lying to us but lying to yourselves. I love the internet. I love using it as much as I can. If my employer was paying me to play on it, I'd be a millionaire. The thing that I like about this German law is that it means that Germany will become less and less productive. This will mean that the rest of us who actually work will all end up with more opportunity as Germany's production slides and product quality deteriorates. So, the bottom line is that I whole-heartedly support the German government's decision to let the workforce dog-fuck. The rest of the world wins!

    --
    *** Don't be dull.***
  62. Re:The US needs the Medical tests part so you can' by cdrguru · · Score: 1

    In the US public transportation (buses, light rail, etc.) is pretty much dead. Ridership is way, way down.

    I see the final nail in the coffin being the Chicago subway motorman that sues to be allowed to operate a subway train while using meth. These days there is probably a 50-50 chance of winning.

  63. The abolition of work by Paul+Fernhout · · Score: 1

    Are you posting from work? :-)

    Not safe for work in a political sense:
        http://whywork.org/rethinking/whywork/abolition.html

    Also, on rethinking economics related to jobs:
        http://knol.google.com/k/paul-d-fernhout/beyond-a-jobless-recovery

    Also, vitamin D deficiency is an oocupational hazard of indoor IT workers. You may want to start taking 5000 IU Vitamin D3 daily and get your blood tested regularly, as recommended here:
        http://www.vitamindcouncil.org/treatment.shtml

    And get your coworkers to get tested for vitamin D deficiency too, before OSHA gets on your case. :-)

    --
    A 21st century issue: the irony of technologies of abundance in the hands of those still thinking in terms of scarcity.
  64. FAIL by Anonymous Coward · · Score: 0

    I see that as failing big time.

  65. Missing the issue entirely. by Anonymous Coward · · Score: 0

    A company that feels the need to monitor their employee's every move should reconsider their hiring practices. Or start firing people. Either way, monitoring isn't a solution.

    If you hire someone to do work, they turn out good work, whats the point of constantly look over their shoulder? You know they are doing the work even if it means they are taking a break every so often.
    If you hire someone and they dont work, slack all day long, it will show. You are better off firing them rather than monitoring them. Why would you want this kind of person working for you in the first place?

  66. And by mahadiga · · Score: 1

    Agriculture - Register as Trust
    Manufacture - Register as Club
    Services - Register as Partnership

    --
    I'd like to buy homeland for our 10 million people. http://twitter.com/mahadiga
  67. Situation in the UK by Anonymous Coward · · Score: 0

    When you interview somebody for a job, you have to document how you arrived to such a decision.

    You have to show the objective reasons why you decided to go for the pretty girl instead of the old fart. Or viceversa really, that is the whole point of the legislation.

    People that have an inkling about foul play can request to see the records of the interviews and the reasons of why one person was chosen instead of another.

    If Facebook snooping was made illegal (it is immoral and unethical already) then employers could not use that at all, since they would have to justify their decision somehow and either they would need to lie or face up to their braking the law, neither of which is desirable legally speaking, thus some modicum of objectivity is attained.

    I would be surprised if the situation in Germany, where most (all?) companies have workers representatives (not unions necessarily).

    It is interesting to note how the country with the most pro-worker legislation (Germany) is also one of the most productive...