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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."

20 of 450 comments (clear)

  1. 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 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.

    2. 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.

    3. 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.

    4. 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
    5. 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

    6. 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
    7. 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
    8. 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.

    9. 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
    10. 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.

    11. 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.

  2. 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.

  3. 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.

  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: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.

  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 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.

  8. 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.

  9. 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.