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Is it legal?

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oracle39 | 22:02 Wed 23rd Mar 2011 | Law
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Can employers legally have Internet security look at files and docs? I know they can monitor your internet and email usage, but can they go through your docs on your desk top. We use a shared drive, but this was on my desk top.
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If the computer belongs to the company they can pretty much do what they like with it I think.
Yes.
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Where can I find the legal jargon that backs up their actions?
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Sorry boxtops I put it on here as well, because I seemed to be getting opinions and comments when I am actually looking for a legal answer.
you have another thread on this - you risk spamming suspension, oracle
Some points to ponder...

The PC is the property of your employer?
It is for work related use (any personal use is, at best, a courtesy)?
What leads you to think you have any rights in regard of withholding access to any and all stored content on their machine?
Yes, they can.
http://www.lifetracks...-work/work-monitoring

In much the same way they can open mail delivered to you at your work address, or look at any private folders you have put in the employer's filing cabinet.
-- answer removed --
What is on your desktop of your employers equipment that is bothering you?
i doubt there is a speciic law as such - you'll find all the stuff either in your contract, employee handbook or your organisations it/confidentiality policy
We've got an IT and internet policy - and since the OP said on the other thread that they too are in the public sector, I'd bet my breakfast that her employers have one, too.
i'd only bet my breakfast if it was something like a bannana or a bowl of fruit and fibre. If it was a full english i don't think i would
Law tends not to involve itself with detail but to state things in broad terms. When cases come to court and are judged, the broad brush of enacted law becomes supported by precedent which is where we get case law. You likely won't find legal jargon to back up the assertion that employers can look (or have their agents look) at anything stored on or in secure storage that they own, but if such a situation has ever been to court then there will be one or more case references, together with the judgements that give an idea of what a court would decide at a future case.
I am not sure what the problem is though....why would any organisation allow an employee to keep goodness knows what in their information storage, be it computer or filing cabinet?
yes they can. You won't find it specifically mentioned in law because generally in law everything is allowed unless it is specifically not allowed. Also as woofgang says the law tends to be broad in it's definitions so it won't mention specifics like a computer, it would mention things like company assets etc. Needless to say it is well tested in law that whatever you do on employers equipment is employers property. So if you are concerned don't do anything private on your work PC.
You might find this helpful, did you sign up to companies policy:

http://www.weblaw.co....on-and-the-workplace/
spot on bednobs, thats how it works here, all down to company policy/handbook & IT policy. lets be honest you could be up to anything on your PC also remember its the companys PC and there time.
.. Unfortunately no one bothers to read handbooks, we actually had an intance within my group of companies where a phonecall was monitored and a member of staff was sacked over what was said...
I'm slightly flabberghasted as an employer that you think your employer has no right to see what is on their equipment. Whatever would give you the idea tyou had any say in that whatsoever?
So your company are being taken to an employment tribunal? If they deliberately moniter a private call, they are in violation of the human rights act. If however they moniter all calls as a matter of course then its not.

http://www.yourrights...ne-and-email-use.html
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Wow that sparked some interesting answers. For those who asked, I wasn't hiding anything, it was a form I was submitting to a senior member of staff, I put it on my desktop to attach after I had my teabreak, but I wanted to check it again before I sent it. That wasn't really an issue. Why would I be concerned about them reading everything??? Because I am a union rep, need I say more. I am not in the business of doing anything derogatory to my company or trying to bring them into disrepute, but there could have been sensitive information.

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