Surveillance by employer
Deepika Bhardwaj
(Querist) 17 October 2012
This query is : Resolved
Can a Company keep his employee under surveillance in the form of tracking his system, his out going and in coming e-mails and his data on the system.
Will it not affect the personal rights of the employee if some personal information is also contained in those e-mails and data on the system.
Can an employee sue his employer in the aforesaid case.
kindly guide with relevant provision or case laws in this regard
ajay sethi
(Expert) 17 October 2012
for your information in USA 78%of employers monitor their employees . 63%check internet usage . 43%store and review employee emails. it helps employers monitor internet usage during office hours . it also keeps a check on employees divulging company trade secrets .
it also helps in preventing defamtaory statements being made through electronic communciation .
Deepika Bhardwaj
(Querist) 17 October 2012
Sir, is there any case law in India which can support Co.'s monitoring of employee's system.
If an employee has sued a Company on the ground that besides tracking official records the Company has also taken some of his personal data saved in the Company system/laptop.
Guest
(Expert) 17 October 2012
Dear Deepika,
Nobody can prohibit you to sue the company provided you have the proof of collecting personal records of the employee and also that the company has allowed you to store your personal data in addition to the official data of the company in the company system/ laptop.
If you happen to sue the company, you should also be ready to face and defend your position on account of the following questions likely to be put to you in the court by the advocate of the company:
1) Do you have any authority to use the company assets for personal use?
2) Did you get any permission from the company to store your personal/ private data in the company system/ laptop meant to be used for official purposes?
3) what is the proof with you that your personal data, if there was any, in the system has been taken by the company?
Rather, with reference to your court case, the company would be able to get a clear proof of your misuse of official system/ laptop for private purposes based on which the company can take disciplinary action against you.
Even any case law in this matter may not help, if the company has not specifically allowed the employee to use the laptop for storing his/her personal data.
Rest depends upon your own wisdom.
So far as the questions of surveillance of employee or the personal rights of the employee are concerned that is irrelevant, as the company has the right to review the contents of its own property/ system/ laptop any time without the consent/ knowledge or permission of the employee.
