Spencer Johnson McCammon LLP

Topic of the Week

Social Networking & Computer Privacy

Generally, employers have the right to monitor their employees use of the Internet (including visiting social networking sites, checking e-mails, and instant messaging) on computers owned by the employer, during employees on-duty hours. Although federal l

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Blog of the Week

Major campaign to organize tech and video game industries launches, this week in the war on workers

There are increasing signs that workers in the tech industry are starting to see themselves as … workers. Maybe it's the 100-hour workweeks as video game companies get products ready for launch, or maybe it’s the layoffs that come after a big release.

Thought for the Week

"Employers are increasingly monitoring their employees’ social media activity. A key consideration is to avoid infringing the rights of employees under the Personal Data (Privacy) Ordinance. The Privacy Commissioner’s Guidelines on monitoring and personal data privacy at work are a helpful first port of call. They first stress the “3As” of undertaking a systematic assessment process to ensure that monitoring would be appropriate, ensuring that there are no less intrusive alternatives and ensuring that there is proper accountability for the collection of employees’ personal data. They then stress the “3Cs” of ensuring the clarity of an employer’s policy, ensuring that it’s communicated to employees and the safeguarding of data through proper controls. Employers should ensure that they clearly document and communicate their approach to monitoring."

–Kathryn Weaver, partner at Lewis Silkin

List of the Week

from Digital Information World

Social Media Use During Work Hours By Employees

• 36% of employers block social media at work.
• 51% of businesses have a social media policy,
• 56% of the employees who use social media for work still find social media as a distraction during their work.

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