DIGITAL LIFE

Can my boss monitor my WhatsApp and email?
At some point have you ever wondered if your employer is entitled to monitor your messages, emails and Internet accesses made from one of the company's equipment? In this article, I'll explain a bit more about legal issues related to monitoring content on the desktop.

Corporate Content

The employer that accesses the professional e-mails of its employees, generated in equipment and virtual environment, made available by the company for the performance of the work activities, does not commit invasion of privacy. On the contrary, there have already been cases of dismissal for good cause for improper use and / or improper comments about the company, the boss or co-workers.The Judiciary has been deciding that, in the case of an electronic address for professional purposes, messages originating from machines owned by the company can be read by the employer, and there is no need to speak about a breach of confidentiality of correspondence.It is the right of the employer to supervise and supervise his property, as well as his employees and the use of the tools that he provides for the exercise of the activities developed by them.

Access to Whats
App used at workCan the employer or superior in charge have access to the company WhatsApp used to contact customers, suppliers and other co-workers? Yes, if the same premises - that is, equipment owned by the company, for the exercise of the function entrusted to the employee -, the employer has the right to verify the messages exchanged via WhatsApp, not being characterized as irregular or illegal practice.Of course, if the employee makes use of his own telephone or personal computer to exchange messages by the famous instant messenger, the employer has no right to take notice of the content. In this case, monitoring of private and personal content is considered invasion of privacy by the employer.However, if it is a device or device of the company, made available for professional purposes, even if the mobile line (the operator's chip) is the employee, there are those who defend that the employer can access the messages, especially those exchanged on time comercial.

Web browsing history control
What about the activities carried out on the company's computer? Can my boss see all browsing history and websites accessed?The same rule should be observed. Being the company's equipment, for the performance of the employee's professional activity, the employer or superior may have knowledge of the pages visited by the employee during working hours, even in the anonymous mode.

Mobile and geolocation monitoring

As long as the smartphone is owned by the company and the employee's role includes external (field) service, it is the right of the employer to use technological resources to know the location of the employee.However, this right is restricted only during working hours. Therefore, during business hours the employer who provides the mobile device to the employee with external functions (sellers, drivers, among others), use the geolocation monitoring to be aware of the position of its employee.

Ethical Employee Posture and Company Transparency
Any monitoring should always be communicated to the employee. Ideally, the employer-employee relationship should be as transparent as possible. On occasions when the employer has not previously informed the employee about e-mail monitoring, WhatsApp conversations, site history checking, and geolocation, the courts' understanding has not been unanimous.
Even so, we defend that there is no irregularity on the part of the employer, since the tools and the corporate environment made available to him have a specific purpose: work.

So if you have a habit of using company or employer electronic tools for personal use with family, friends, or marital partners, avoid private messages and restrict intimate content only to personal cell phone, or even in person.Unless you do not mind the possibility that your privacy may be known to your employer, third party or even everyone, as several cases have stopped at WhatsApp for lack of knowledge about monitoring.What's worse: a possible dismissal for just cause can happen, depending on the inappropriate content conveyed, not to mention the undesirable allegation of low productivity or noncompliance due to the time spent on social networking and WhatsApp for personal conversations during the hours of work.Always have an ethical and professional attitude, not only in the workplace and during business hours, but also in your personal life, whether online or offline, virtual or face-to-face.After all, somehow, from somewhere, we are being monitored.



Canaltech