IT / Domain Administration Laws against user privacy

Tinuva

The Magician
Joined
Feb 10, 2005
Messages
11,207
I can tell you a long and deep story on this topic. Our own company policy prevents this under conditions and circumstances, our own policies are also mutual to our SLA’s, thus we treat our internal environment the very same as with our customer’s ICT environment. This is but one ethical business standard we implemented.

There is various laws, stating privacy, the domain and e-mail address may belong to your company, but not the personal content to a certain degree. They will need legal obtained access to their employee’s personal data. I’m not about to go into depth with laws, policies and their clauses, but someone with a law background can check this, ask Michalsons on MyBB. Remember, the employees also utilises the company paid internet in regard with their personal activities, so they should not be doing anything personal at all, time to look into the group policies.

Back in the day when I was still a network administrator, the company let me go due to me not providing the personal details they requested on a certain employee.
Can't say I am surprised at that at all. If you refuse a direct instruction, and it is legal and lawful ect, they can pretty much let you go, especially if the employee signed that everything on company equipment belongs to the company ect. There is no invasion of privacy there.
 

Fulcrum29

Honorary Master
Joined
Jun 25, 2010
Messages
48,745
Can't say I am surprised at that at all. If you refuse a direct instruction, and it is legal and lawful ect, they can pretty much let you go, especially if the employee signed that everything on company equipment belongs to the company ect. There is no invasion of privacy there.

Interesting remark, do you take protection and privacy laws in considering within your profession?
 

Rocket-Boy

Honorary Master
Joined
Jul 31, 2007
Messages
10,116
Is the information they want of a personal or business nature?
If its business then POPI has nothing to do with it.
Business information and communications that were done while an employee was being paid and/or on the companies hardware belongs to the company.
 

uncapped_shady

Well-Known Member
Joined
Nov 29, 2010
Messages
213
Is the information they want of a personal or business nature?
If its business then POPI has nothing to do with it.
Business information and communications that were done while an employee was being paid and/or on the companies hardware belongs to the company.
The information required is of a business nature and is required to continue servicing our clients.
 

Fulcrum29

Honorary Master
Joined
Jun 25, 2010
Messages
48,745
The information required is of a business nature and is required to continue servicing our clients.

This largely changes the issue, I thought the privacy issue was within personal capacity. However, you will still need to take it up with HR, but do it in co-operation with the person who gave the order.

I guess the employee is withholding business data or not available to provide it?
 

uncapped_shady

Well-Known Member
Joined
Nov 29, 2010
Messages
213
This largely changes the issue, I thought the privacy issue was within personal capacity. However, you will still need to take it up with HR, but do it in co-operation with the person who gave the order.

I guess the employee is withholding business data or not available to provide it?

Nope, Just threats about being sued if I do go through their emails to get certain ones that we require. Clearly hiding something and making threats to try and conceal whatever it is they are afraid of me getting hold of I guess.
 

Fatality07

Senior Member
Joined
Jul 5, 2012
Messages
605
I am a network administrator and we have policies that all users sign and initial every page.
It clearly states that they are using the company network and all the data is company data etc.

I am always having requests to access data from users that have left the organization.

It is company data and you can access the data as long as you get approval from you the person you report to.
An email from HR would suffice.
 

fonoi

Senior Member
Joined
Sep 4, 2008
Messages
879
I can tell you from personal experience, the company has a right to all data stored on their property. It helps to have a clear IT policy for the employees to read and sign.

I have seen this tested in the High Court and the Judges found in favor of the company.
 

Fulcrum29

Honorary Master
Joined
Jun 25, 2010
Messages
48,745
I can tell you from personal experience, the company has a right to all data stored on their property. It helps to have a clear IT policy for the employees to read and sign.

I have seen this tested in the High Court and the Judges found in favor of the company.

Was this in relation with business or personal data?

Should it be personal I would like to see the court proceedings.
 

grim

Expert Member
Joined
Jan 6, 2006
Messages
3,733
Was this in relation with business or personal data?

Should it be personal I would like to see the court proceedings.

If it is stored on company hardware it belongs to them, even if it is personal data.
 
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