Snooping At Work

[badhorsey]

One of my friends has had a fair amount of friction with his line manager and raised the issue with the LM's boss. He did this from his personal email account.

He'd left his email open on his PC but with other windows on top of it - it wasn't visible to passersby. However, when he was briefly away from his desk, his line manager hopped onto his computer, went on to his personal email account and found the message - and confronted him about this.

He's wondering what his position is here. It was a personal account, but was being accessed via company equipment; however, it's not clear whether the LM would have had the right to access his machine and information in this manner?

[Old_Geezer]

I'd suspect it was poor behaviour but probably legit. But the legal eagles should be better able to advise.

[davebro]

Depends what the company policy is - if it has one?

[ummmm]

That's what we have passwords for.

[woofgang]

When I worked in the NHS the rules were simple. Staff were allowed to use work computers for personal stuff during breaks but NOTHING showing or stored on a work computer could be kept personal or private. Staff were told this when they were given their access permissions. Nowadays, I wonder if your friend's company has an IT policy and what it says.

[ToraToraTora]

in my company just using someone else's computer whilst they are away is a sacking offence. It's also pretty bad just leaving it untended so I'd say the line manager is in the most tish.

[davebro]

Maybe a lesson to be learned here is that sensitive issues should be addressed face to face not by electronic means. If your friend had phoned the LM's boss and asked to speak to him/her personally...

[pixie374]

Using work property, it belongs to them. If the information was on screen... even if "hidden"... it has not been hacked into or anything unreasonable. Very careless, and I honestly can't see how this is surprising at all.

[tiggerblue10]

I don't know what the legal position is in this case but we all lock our computers at work if leaving the desk, even for a very short time.

Years ago an ex colleague got caught out when he left his computer open and left his desk. Someone used it to send an email to the whole office.

[pixie374]

Anyone is entitled to use a work computer... particularly of somebody at a lower professional level.

[237SJ]

Unauthorised access - sackable in many places.

[Peter Pedant]

Hi boys – no 1: bad horsey’s fren' is a damned fool,
What does he expect for chrissakes ?
Let us call bad horsey’s friend “donkey drawers “
And the LM, “John Smith” JS
.
DD left a sensitive email in public for all to see – so one snooped. I didn’t bring anything I didn’t want my employer to see, into work.
.
Was JS allowed to access it? I am not sure if JS even “accessed” it. JS just read it. What if DD had left a confidential document, flapping in the breeze ? I think it is more likely that JS thought DD had, and wanted to catch him out. JS has a right to see all DD’s output at work.
.
It is a work matter and on the facts of it, JS has a right to see it. JS would have a right to the text anyway under the data protection regs (it is his data because he is named).
.
Is it in any way confidential within the work place? – nope. what about if it is terrorist or money laundering ? yeah but it isn’t, is it? [sorry that refers to reporting activity – and not doing it].
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What about outside the work place? – well it occurred in a position where the employer demands the right to see anything on a work place computer and his agents. So that rather skewers that one.
.

[Peter Pedant]

// Unauthorised access - sackable in many places.//
kindof
and really no

n ot unauthorised - the LM JS can see what he likes so long it is work related in a work place

and I am not sure looking at a screen is "access"
There is an early House of Lords case about whether an IRA mole staring at the screen of the PNC (had all the car numbers of the spooks see?) was "accessing" if they had done nothing else.

[they couldnt show that they had noted down any info]

[pixie374]

As a "boss", we were always allowed to access any computer, as it belonged to the workplace. I chose not to... but to use a work computer for something you wanted to hide from work... would not make any sense.

[237SJ]

Depends on the size of the company I suppose. A lowly line manager would be in contravention of company policy if they accessed my emails etc.

[Prudie]

It depends on the company policy. At my work it would be your friend in the wrong on two counts - leaving his PC unattended and unlocked and secondly using his work computer for personal email (but other companies may allow this). Work email accounts can be viewed by managers and IT and HR in the right circumstances. Staff don't own the computer nor what's stored on it.