Leaders of the companies that are considering to purchase “InspectSystem” software system for continuous monitoring of the employees work, the question is raised – whether the use of the system is lawful and whether is breaks the rights application of the employees. Moreover, this question is a subject of interest of the employees in the company themselves.
The legal aspect of the employee monitoring
We will try to provide you with the information in terms of norms of Ukrainian and the Russian Federation legislation.
Does the leader of the company has the right to apply monitoring of their employee’s work?
The legislation of Ukraine and the Russian Federation obliges employees fairly, honestly, execute orders of the employer (authorized representative) on time, follow the labor discipline, to be submitted to the rules of conduct that are defined by the labor legislation, labor or collective agreement or local regulations. Thus, the employer has the duty to maintain a proper organizational of work of the personnel, creating conditions for efficient productivity, control of the discipline and efficient execution of the labor legislation (articles 139-141 Code of Labor laws of the Ukraine, article 189 of the labor code).
Thus, the control monitoring the staff discipline is not the right, but an obligation of the management team, and one of the means of implementation of this duty can be applied by the system “InspectSystem”.
Does the system application breaks the employee rights?
Using computer, employees have an access to the data contained in the memory of the Computer, on the Internet, and the resources available within local connections, process them, also displaying the data electronically.
According to the Constitution of the Ukraine and the Russian Federation, everyone is guaranteed to the privacy of correspondence, it is not permitted the collection, storage, usage and dissemination of the private information of the individual, and confidential data on individuals without their consent (articles 31 and 32 the Constitution of the Ukraine, articles 23 and 24 of the Constitution).
The monitoring program is not designed for the purpose of the personal information collection, reading his correspondence, collect or intercept passwords, and, moreover, the system is not capable of implementing such tasks, as it is not a part of its operation (and never will be). The application makes periodical screenshots of the desktop, but the system cannot be configured in such a way that she reacted to certain areas of the screen, using a keyboard, moving the cursor.
It should also be noted that the program monitoring of the employees ‘ work is installed on the computers that are provided to the employer to perform their primary duties. As the owner of the equipment, he has the right to access any time the content, which is stored on it. The leader has the right to replace the employee’s personal machinery, enabling him to work with another working tool or to delegate his PC to the counterpart.
The personnel, who uses office equipment for its private purposes: sending messages, storing personal files, scanning copies of documents should be aware that such information may become available to the employer, as the owner of the computer, or another employee, which the PC may be provided to perform working duties. Nowadays, almost everyone can afford a personal means of communication, so using the service to send personal messages as well as storage personal files is not uncontested.
Does the operation of the monitoring programme is stipulated by the legislation on protection of personal data?
By its definition, the program is not a database of personal data, as it is not a set of organized personal data. The system “InspectSystem” capable of displaying screenshots of the screens, which means that it only partially displays the information that was available via these computers, not making new orders and not her.
Receiving the screenshots of the screens while its operational process, does not fall under the concept of personal data processing, as this process does not include actions of the selection, ordering and systematization of the statements about individuals.
For full legal transparency, we recommend that company management to provide the opportunity of “Employment policies and procedures” control discipline of subordinates using software methods and to ban using personal computers for the personal needs: texting and storage personal files that are not related to the office activities.