I always bring up user rights to business owners and the response usually goes like this: “I own the equipment, so my staff have no right to expect privacy”. I then try to point out that there is plenty of law in South Africa that expects a business owner to have an agreement with the staff detailing rights and privacy issues. They then say (quite reasonably) “Then put a line in our employment contracts to this effect.
Easy? Should have been but the problem then arises with respect to enforcement. If your business prohibits the private use of computers but turns a blind eye to people who check their GMAIL during company time then they have tacitly altered the scope of their staff contract.
If you try to discipline a member of staff for personal use of your facilities then they usually turn aound and say, “so-and-so also does it”. If this is true you are at the CCMA you are going to have a disappointing outcome. Read this article to see an example of the legal complexities.
The business owner should honestly answer this question: “What have I got to lose” and the costs include:
- Productive time (consider limiting private use to lunchtime or after hours)
- Integrity of IT system (cost of technician to undo virus damage etc)
- Intellectual property (your customer database can leave via GMAIL and there is little you can do about it if you are not carefull)
From my perspective I see a change in work ethic where the value of information has been forgotten. People who would never steal an apple off a cart have no problem downloading MILLIONS of rands worth of music and movies from the internet. They will be genuinely supprised when you scream at them for stealing your data. can you imagine the scenario?
” I only copied it so how does this hurt anyone? “
you have been warned