Country Policy
- Overall the best policy is to create and communicate policies that would describe the business is monitoring its devices and how they are being used.
- Always seek legal counsel before implementing a solution.
- Companies are permitted to monitor company-owned equipment. However, they are not permitted to track the employee’s personal emails.
- State laws vary in the United States (US). Some of them require the business to notify employees about the monitoring software beforehand. In contrast, in others, it’s legal for businesses to use monitoring software on company assets without the employee’s consent.
- In the US, courts frequently found that the expectation of privacy at work is restricted while they’re working. Yet, employees are given some safeguard from electronic monitoring, under certain circumstances, for example, association or union contracts.
SOURCE:
Electronic Communications Privacy Act, 18 USC 2510, et. seq. : https://www.it.ojp.gov/PrivacyLiberty/authorities/statutes/1285
Employee Monitoring And Workplace Privacy Law: https://www.americanbar.org/content/dam/aba/events/labor_law/2016/04/tech/papers/monitoring_ella.authcheckdam.pdf
- Australian federal and state laws are obscured when using monitoring software on a business’s employees.
- While in most cases, the company is typically allowed to install monitoring software on the devices they provide for the point of working. However, employees must be notified no less than 14 days before activating the monitoring software on the device.
SOURCE:
Workplace monitoring and surveillance: https://www.oaic.gov.au/privacy/your-privacy-rights/employment/workplace-surveillance/
Uniform workplace surveillance laws: https://www.alrc.gov.au/publication/serious-invasions-of-privacy-in-the-digital-era-dp-80/13-surveillance-devices/uniform-workplace-surveillance-laws/
Australian Privacy Principles: https://www.oaic.gov.au/privacy/australian-privacy-principles/
- The laws regarding privacy in the work environment are clear. Companies should inform employees what data will be assembled, used, and disclosed. All employees need to be notified about policies about email, web, and telephone practices to include they can be subjected to unsystematic or constant employee monitoring.
- Employers can’t assemble, utilize, or reveal an employee’s pay/benefits, formal and informal personnel files, web browsing records, electronic mail, video or audiotapes, and keystrokes without notifying their employees.
SOURCE:
Access to Information Act: https://laws-lois.justice.gc.ca/eng/acts/A-1/FullText.html
Privacy Act: https://laws-lois.justice.gc.ca/eng/acts/p-21/FullText.html
- Most companies use the General Data Protection Regulation (GDPR) because the European Union doesn’t have explicit regulations associated with employee monitoring.
- GDPR requires employees known as data subjects to provide their consent before the monitoring software can be used. Though companies can track employees based on reasonable interests, if they perform a “Privacy Impact Assessment” be demonstrate legitimate reasons, then they can use monitoring software to process data without the employee’s consent.
SOURCE:
Privacy Right
Art. 15 GDPR: https://gdpr.eu/checklist/
Right of access by the data subject: https://gdpr.eu/article-15-right-of-access/
- Calls, computer usage, and emails are protected under communication privacy, so companies a limited right to monitor these items.
SOURCE:
Protection of privacy in working life: https://tem.fi/en/protection-of-privacy-at-work
- As per Employment and Labor Law, the employee’s company has the legal right to monitor employee activities, company-related emails, devices, and their activities on-premises. The reason for the monitoring is to defend the company’s confidential and proprietary data & processes.
- A company can create and communicate policies that would describe the time of monitoring is being performed.
SOURCE:
The Industrial Employment (Standing Orders) Rules, 1946: https://labour.gov.in/sites/default/files/INDUSTRIALEMPLOYMENT(STANDINGORDERS)1CENTRALRULES1946.pdf
- As per Employment and Labor Law, the employee’s company has the legal right to monitor employee activities, company-related emails, devices, and their activities on-premises. The reason for the monitoring is to defend the company’s confidential and proprietary data & processes.
- A company must create and communicate notice in English and Malay the policy which describes which data is being collected, why, how long it will be kept.
SOURCE:
Personal Data Protection Act 2010: http://www.agc.gov.my/agcportal/uploads/files/Publications/LOM/EN/Act%20709%2014%206%202016.pdf
- Employers can not monitor phone conversations, but they are permitted to monitor when the calls were made and each participant’s phone numbers.
- Monitoring company devices are allowed as long as the company informs the employees the devices are for business purposes only, and the company uses monitoring software.
SOURCE:
Federal Law on Personal Data: http://wko.at/ooe/Branchen/Industrie/Zusendungen/FEDERAL_LAW.pdf
- The law allows companies to track and monitor property such as electronic devices and content (computers, phones, email content, keystrokes, etc..). However, to do it, an employee must be completely aware of the activity and consent before starting the monitoring.
- UAE Federal Laws protect employees, giving them the right to personal privacy, thus not allowing them to monitor them.
SOURCE:
Federal Decree-Law no. (5) of 2012 ON COMBATING CYBERCRIMES: http://ejustice.gov.ae/downloads/latest_laws/cybercrimes_5_2012_en.pdf
- Seek legal advice
- The best practice is to cover the employment contract topic and have a policy in your company’s handbook