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The company installed keyloggers for its employees. Has the right to?
Hello.
Today, in our company, the management has installed keyloggers on working computers, which periodically take screenshots, record videos, monitor text entered from the keyboard, in particular, passwords (!) Both on websites and applications, monitor work with files and folders (opening , renaming, copying, etc.), ftp, ssh and other connections to servers, save the history of visiting sites, the computer's idle time in standby mode and its work, and other boorish things that do not know my boundaries. And at the same time, they did not notify anyone, they did everything quietly and left the entire working staff in the dark. Only a few know, mostly heads of departments. But I entered this number of "enlightened" under a happy circumstance.
Actually, the question is:what right do they have and do they have it at all on any legal and legal grounds to spy (I don’t know how else to call it) their subordinates? How to defend your rights?
I'm going to start by first finding out the exact name of the keylogger and learning in detail how it works. What to do next?
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Computers are the property of the organization. The organization issued them to employees to perform work duties and has the right to control whether computers are used for extraneous purposes.
But the company had to warn employees against signature about the scope and goals of monitoring.
https://habrahabr.ru/post/337614/
On the sly - no. In general, internal rules can be quite strict, but at least they should be warned about this when applying for a job or at the time these rules are introduced.
On the sly, most likely not legal -> where I work in the open, every time they remind me of this at startup. Indicating that these are corporate security standards (well, they work almost everywhere).
I don’t have any problems with this, I don’t have anything personal on my work computer, I don’t get along with the sites, and so on.
If it is necessary, in extreme cases, there is a cell phone with 4G, through it I still want to use messengers.
I am neither the leader, nor the owner of any organization, nor the subordinate. But I know for sure that if I were a delinquent and would break the law from a working PC, I would be against sudden keylogging on my device, because there is something to hide.
However, why would you resent your own employer if you do not break the law? If he pays you less, you will quit and go to another office, thereby securing yourself from a lack of funds for existence. So he is trying to protect himself and his funds from bad people.
At work , you need to work , and not crawl through VKontakte. Do not agree? Maybe then you should go to a more interesting area for you?
If the work involves the use of personal rather than work data, everything and everyone is on your side.
Well, so far 2 possible violations are visible:
Part 1 of Art. 21 of the Labor Code of the Russian Federation
, the Employee has the right to:
- complete reliable information about working conditions and labor protection requirements at the workplace, including the exercise of the rights granted by the legislation on a special assessment of working conditions;
The internal "kitchen" of the company:
Access to information obtained from tracking by employees who do not have the right to know it.
(department A of company AA does work for company BB, any NDAs are signed between them (+ with AA executives)
(department B of company AA has access to correspondence and everything else of department A, NDA is violated)
Quite legally, the organization has the right to install any licensed software on its devices, it monitored this issue when it installed a keylogger for an employee, then ran into a court decision that was published in Rossiyskaya Gazeta (2015 or 2016) and after this publication unambiguously legalized monitoring of employees' desktops . Whether or not to inform employees of all the subtleties of observation is already a private matter for the employer. I personally caught two employees at different times draining their customer base. My opinion - employees should know that their tables are written, this protects against unnecessary illegal movements.
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