It’s funny how these things come around in the blogosphere: on Tuesday I posted about a suit the EFF is participating in, Alan Shimel commented on it and now Michael Farnum has extended the conversation. That’s the great thing about the blogosphere, everyone can have their own unique view on an issue.
Michael brings up an interesting issue: bosses who want to read their employees emails. I’ve had a little experience with this in the past and it was one of the pivotal issues in my career that made me realize how much I really value the privacy of employees in the work place and how that has to be weighed against the needs of business.
More than a few years ago I was the administator for all things computer related at a small manufacturing business. I’d been working there about 18 months, a manager had been hired recently in the inventory department and he had a very rocky relationship with several of his employees. I’d worked with the manager in the past at a different company and had problems of my own with his style and personallity. I don’t think it would have affected the incident if I’d gotten along better with him, but it’s a possibility.
One of this manager’s employees called in sick three days in a row, and on the fourth day, the manager demanded that I allow him to access her email account. I refused in no uncertain terms, which the manager couldn’t understand: she was his employee so he had every right to read her email. I told him that no, he didn’t, every employee had a certain level of expectation of privacy and I wasn’t going to give him access to the email without someone higher up in management overruling me. This gave the manager a few hours pause, but he came back later to demand the access again. I suspect he tried to get my one direct report to give him access but the was rebuffed and sent to me, though I never got confirmation of this.
We went back and forth over the the remainder of the day and finally came to a solution: I would allow the manager to have access to his employee’s email, but only if he put his request in writing to his manager and HR; if they signed off on the request, I would give him the access he wanted for a limited time. This satisfied his business need of accessing the email to review a business communication but also satisfied my desire to have management aware of the situation and make the manger responsible for any abuse of the employee’s email. Quite frankly, very few people in the company understood why I was so adamant on this situation, but I felt I was protecting the company from a future lawsuit for the manager’s abuse of his ability to read his employee’s email. Not to long after this incident the employee in question left the company and her manager was listed as one of the reasons she left.
This was one of the first times I wrote a privacy policy for a company. After the incident, I wrote up what I considered to be an acceptable process for a manager to get access to their employee’s email, not because I knew about the creation of company policy, but because I didn’t want to have to have the same day and a half of argument again. I had other managers who came to me with similar requests, some of which were granted by their managers, but others were turned down due to insufficient need. I didn’t want to stop managers from doing what they needed to get their job done, but I did want their to be an oversight process.
As Michael says, having a change control process is important, but more important is having a privacy policy in place. It protects the employees by making them aware of the fact that their manager has the right to read any electronic communication created using company equipment. It also protects the company by laying out guidelines concerning when reading employee communications is acceptable and under what circumstances. A privacy policy for your business can prevent any number of lawsuits from ever coming into being. It is the company’s right to monitor their employees, but the guidelines for this monitoring needs to be defined for everyone’s protection, not just created on the fly.
Technorati Tags: security, McKeay, email, privacy