Is it
ever OK to spy on an employee?
We live in a world that is often portrayed as secretive and
suspicious. Where whistleblowing cases make front page news and staff sneak out
for interviews with competitors who they have met ‘networking’.
All the while employers anxiously spend copious amounts of time
and money to ensure that confidential data is kept within the parameters of the
company firewall whilst wondering how honest their staff are and whether they
spend more time playing ‘Angry Birds’ on their phones than they do working.
So when spying apps such as MrFollow, are released, it is
perhaps understandable that some companies would be tempted to install the
software onto their employee’s smartphones.
However, employers could soon find themselves in breach of
contract if they were to follow through with such actions. Law firm, Slater
Heelis, told HR Grapevine: “An employer should not
“spy” on its employees by tracking their mobile phone activity unless the
employee has signed a policy explaining that the employee’s phone use may be
monitored.”
The law firm recommends that employers put in place a policy
regarding the use of mobile devices which would cover personal or company
devices including smartphones and tablets.
They continue: “The policy would apply to all devices used to access
the employer’s IT resources and communications systems. It should contain a
section to confirm that personal data may also be inadvertently monitored and
that the employee should therefore have no expectation of privacy for any data
on the device. The policy should explain why monitoring takes place, for
example in order to prevent misuse of the device and protect Company data, to
monitor performance at work or to ensure that staff members do not use the
Company’s facilities or systems for any unlawful purposes or activities that
could damage its business or reputation”.
Without informing the employee of the fact that such monitoring
could take place, any spying would breach the employee’s data protection and
privacy rights.
Source:
hrgrapevine.com
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