1. IS THAT SOLITAIRE ON YOUR SCREEN?!
SURVEILLANCE OF YOUR ELECTRONIC SYSTEMS
Tania da Silva
May 24, 2012
2. INTRODUCTION
Use of the Internet at work and its advantages:
1. Quicker and more efficient communications to optimize
productivity;
2. Important research and consultation tools;
3. Better visibility on the market;
4. Better relationships with clients and business partners.
3. THE LEGAL RISKS
1. Defamatory, harassing, offensive or illegal content;
2. Intellectual property infringement;
3. Damage to the company’s reputation;
4. Failure to protect the company’s privileged or confidential
information;
5. Harassment;
6. Loss of time and diminished employee productivity;
7. Risks to network security.
4. DOES THE EMPLOYER HAVE A RIGHT TO MONITOR?
WHY?
YES, because of:
• Its powers of management and control to ensure that
the company functions properly;
• Its disciplinary powers;
• Its powers to create standards and regulations;
• Its contractual rights.
• What of its property rights?
5. WHAT ARE THE LIMITS OF THE EMPLOYER’S RIGHT
TO MONITOR?
The laws that protect privacy:
1. Federal laws regarding personal information;
2. Quebec’s Charter of human rights and freedoms;
3. The Civil Code of Quebec;
4. Quebec laws regarding personal information.
6. EXPECTATION OF PRIVACY
• What is an expectation of privacy?
• How can the level of employees’ expectation of privacy
with respect to the use of computer systems at work be
determined?
7. EXPECTATION OF PRIVACY (continued)
• Factors to consider:
1. Are the employees aware of the monitoring?
2. Was the consent with respect to the monitoring?
3. The vulnerable nature of Internet
communications;
4. The work environment;
8. PRACTICAL METHODS FOR REDUCING EMPLOYEES’
EXPECTATION OF PRIVACY
• Create a written policy regarding the use of the company’s
information technology, which, amongst other things, should
include a list of activities/uses which are not authorized;
• Have the policy signed upon hiring;
• Provide reminder of the policy upon use of information technology
with warning messages or require a password to access sites
which are blocked by the company;
• Use progressive disciplinary measures when the policy is not
respected;
